PARACHURI VEERAYYA Vs. YALAVARTI VEERARAGHAVAYYA

JUDGEMENT

(1.) This Second Appeal was referred to a Bench by our learned brother, Manoher Pershad J., on the representation of the counsel on either side that an important question of law is involved in this case.

(2.) The principal question raised by the appeal is whether the subsistence of an attachment before judgment of some property is a bar to the same property being sold in execution of a decree obtained subsequent to the attachment,

(3.) The facts material for the purpose of this enquiry may be shortly related. The appellant filed O. S. No. 89 of 1947 on the file of the District Munsifs Court, Tenali, against respondents 2 and B and attached the property in dispute before judgment. During the pendency of the suit, this very property was brought to sale in execution of an award granted by the Co-operative Deputy Registrar, Vijayavada, in respect of a debt due by the judgment-debtor (2nd respondent) to Chowtapalli Vijayalaxmi Vilas Co-operative Credit Society and was purchased by the first respondent on 27/06/1950. The sale was confirmed on 8/08/1950 and the sale certificate Ex. A. 4, was issued to the court-auction-purchaser on 19/09/1952.