NAMPALLY PADMA Vs. VASAVI AND COMPANY

JUDGEMENT

(1.) Heard Mr. A. Ramakrishna Reddy and Mr. Ashok Anand Kumar, the learned Counsel representing the respective parties.

(2.) The CRP is filed against an order dated 4-9-2001 made in EP.No.8/94 in OS.No.167/84 on the file of the II-Addl. Senior Civil Judge, Warangal.

(3.) The respondent-decreeholder- plaintiff filed a suit OS No. 173/84 against the revision petitioners-de fend ants No.1 to 4 representing one of the partners of the 7th defendant firm one Nampalli Gnaneshwar Rao and also the other partners shown as defendant Nos.5 and 6 - E. Papaiah and D. Sadashivudu. The said suit was decreed on 20-3-1990 and decree obtained by the respondent as plaintiff in OS No. 173/84 on the file of IInd Addl. Subordinate Judge at Warangal, reads as follows: 1. "That the defendant No.7 do pay to the plaintiff a sum of Rs.50,000/- together with interest at rate of 12% of Rs.50,000/- from the date of filing of the suit i.e., 10-9-1984 till realisation. 2. The plaintiff be and is hereby directed to take steps for realisation of the decretal amount first against Defendant No.7. 3. This Court doth further order and decree that in the event of properties of defendant No.7 are found to be insufficient for realisation of the decreial amount the plaintiff is at liberty to proceed against the personal properties of Defendant No.7's partners or partner's legal representatives as the case may be".