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2023 Supreme(Online)(AP) 1003

HIGH COURT OF ANDHRA PRADESH
B.S. BHANUMATHI, J
Vempati Rama Kotamma – Appellant
Versus
Mettu Yerra Konda Reddy – Respondent


ORDER:

This Civil Revision Petition is filed under Section 115 CPC challenging the order dated 04.08.2018 allowing the E.P. and directing to sell item No.4 of the E.P. schedule in view of the finding that items No.1 and 4 of the E.P. schedule properties are the estate of the deceased Vempati Koti Reddy in E.P.No.131 of 2007 in O.S.No.220 of 2004 on the file of the Principal Junior Civil Judge, Macherla, Guntur District.

2. The 1st respondent herein filed suit in O.S.No.220 of 2004 against the revision petitioners No.1 to 4 for realization of the money based on a promissory note executed by Vempati Koti Reddy who is the husband of the 1st petitioner and the father of the petitioners No.2 to 4 and sought a decree for realization of the said amount from the estate of the deceased Koti Reddy. Accordingly, the suit was decreed on 21.08.2007. E.P.No.131 of 2007 was filed against all the JDrs No.1 to 4 with a prayer to put the following items No.1 to 4 of the E.P. schedule properties for sale to realize the decretal amount of Rs.81,789/- with subsequent interest @ 6% per annum on the principal amount of Rs.46,300/-.

3. The JDrs filed a counter resisting the EP contending that item No.1 which

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