KONDAPURAM BUDDA REDDI Vs. M. RANGA REDDI

JUDGEMENT

(1.) THIS is an appeal against the order of the District Judge, Anantapur, over -ruling the objection raised by E. A. No. 15 of 1959 that the decree -holder could not be permitted to proceed with the execution petition by filing an amended proclamation of sale.

(2.) THE facts material for the purpose of this enquiry may be shortly stated. The respondent obtained a joint and several decree in O. S. No. 6 of 1945 on the file of the District Court, Anantapur against the petitioner -appellant and his partners in business for payment of a sum of Rs. 12, 108/ - and odd. Some time later, he levied execution for realisation of this decree. The appellant's sons filed a suit against the judgment -debtor for partition and separate possession of the family properties and for a declaration that the debt due under the decree in question was not binding on them. To this action, the respondent was impleaded as one of the defendants. Pending the suit, an application for injunction restraining the respondent from executing the decree in O. S. No. 6 of 1945 was made but that was dismissed against which C. M. A. No. 631 of 1952 was preferred in the Madras High Court. While the appeal was pending, stay of execution of the decree was obtained on certain conditions. Ultimately, the C. M. A. was dismissed. Eventually, though the suit for partition was decreed, the sons were made liable for the discharge of this debt on the finding that it was binding on the shares of the sons also. The plaintiffs in that action got execution of the decree stayed at various stages either by the trial Court or by the High Court.

(3.) SOMETIME later, the appellant filed the application which has given rise to this appeal to vacate this order, on the ground that as the sale held on 18 -12 -1958 was cancelled by the Court no order for filing an amended proclamation could be passed. This plea did not find acceptance with the trial Court and the execution application filed by the appellant was dismissed. The aggrieved judgment -debtor has preferred this appeal against that order.