ANDHRA PRADESH HIGH COURT
Syed Qamar Hasan, J, P. Chandra Reddy, CJ, Narasimham, J
Koppolu Venkataswarni – Appellant
Versus
Kukkapalli Pollayya – Respondent
| Table of Content |
|---|
| 1. facts of the case regarding the execution proceedings (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on the application process related to execution (Para 6 , 7 , 8 , 9 , 10) |
| 3. court's observation on execution procedures and precedents (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. holding regarding the application for execution (Para 30) |
| 5. final conclusion and dismissal of appeals (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
1. The appeal in first instance came up for hearing before the Hon'ble Mr. justice Syed Qamar Hasan on 13/02/1961 and His Lordship passed the following Order:
SYED QAMAR HASAN, J.: -
The above appeals, are directed against the common appellate order dated 23/04/1956 of the Subordinate Judge, Nellore in A.S. Nos.37 and 38 of 1956 confirming the common order passed by the District Munsif, Nellore respectively in E.P.269/50 in O.S.380/39 and E.P.541/52 in O.S.679/40. This judgment will similarly govern both the appeals referred to above.
2. The question involved in the first mentioned appeal is whether the 2nd appellant, Nagineni Ayyavaru Naidu, was entitled to execute the final decree for sale in O.S. No.380 of 1939 in preference to the att
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