M A RASHEED Vs. T S MAHABOOB BASHA

JUDGEMENT

(1.) This Civil Revision Petition arises out of execution proceedings in furtherance of a money decree obtained by the respondent herein.

(2.) The judgment-debtors in E.P. No.39 of 1997 are the petitioners in this Revision Petition which is directed against the order dated 14-11-2000 made in E.A. No.56 of 2000 in E.P. No.39 of 1997 on the file of the Court of the VII Senior Civil Judge, Hyderabad permitting the decree holder to amend the schedule to the Execution Petition.

(3.) The facts/ which are not in dispute and relevant for the purpose of determination of the question raised in this Revision Petition, are as follows: The respondent herein filed OS. No.111 of 1993 on the file of the Court of the Principal Subordinate Judge, Kurnool against the petitioners herein for recovery of Rs.8,17,990/- and the. same was decreed on 14-11-1996. Pending the said suit, the plaintiff filed LA. No.308 of 1993 under Order 38, Rule 5 of CPC and got attached a house of the defendants before judgment. After the suit was decreed the plaintiff- decreeholder got the decree transferred to Court of the VII Senior Civil Judge, City Civil Court, Hyderabad and filed E.P. No.39 of 1997 seeking sale of the house property of the judgment-debtors which was attached pending the suit.