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1928 Supreme(Mad) 136

(Bethapudi) Tandavamurti – Appellant
Versus
(Bethapudi) Durgamba – Respondent


JUDGMENT

1. This appeal is preferred by the decree-holder in O.S. No. 52 of 1909 on the file of the Temporary Subordinate Court of Gantur against an order of that Court dismissing Ms application for execution of the decree by attachment and sale of immovable properties of the judgment-debtors; The material facts of the case are as follows. The decree in the suit was passed on 27th June 1910. The appellant who had already filed two execution applications which had been disposed of filed execution petition No. 1 of 1921 on 23rd December 1920 for the execution of the decree by attachment and sale of the moveable properties of the judgment-debtors. The attachment was effected. Thereupon a claim was preferred to the attached properties by certain third parties. The claim was disallowed and thereafter the claimants brought a regular suit to establish their right to the attached properties. In that suit an injunction was issued directing stay of sale of the attached properties pending the disposal of that suit. The injunction was issued on 29th July 1921, and remained in force till 20th September 1923 when the dissolution of the injunction was communicated to the Court which passed the dec




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