TATINENI SRI DEVI Vs. PARISE MAMILLAIAH

JUDGEMENT

(1.) This Civil Revision Petition is filed by the petitioners/Judgment Debtors/defendants under Sec. 115 of Civil Procedure Code (in short CPC) against the Orders passed by the learned Senior Civil Judge, Avanigadda, in E.P. No. 78 of 2015 in O.S. No. 189 of 2013, dtd. 14/10/2016, wherein and whereby the learned Executing Court allowed the execution petition filed by the respondent/DHr holding that execution petition schedule property of revision petitioners/JDrs is liable to be attached and can be sold for realization of debt due to the respondent/DHr.

(2.) The case of the revision petitioners in brief is that as per orders of the executing court, on receipt of notice the revision petitioners made appearance and also filed counter in execution petition stating that they preferred appeal suit against Judgment and decree in O.S. No. 189 of 2013 wherein they sought for stay of execution of decree of the suit vide A.S.(SR). No. 457 of 2016 on the file of High Court of Andhra Pradesh, which is pending and prays to dismiss the petition.

(3.) As per the information available to this Court basing records a suit has been filed by the respondent/DHr in O.S. No. 189 of 2013 against the revision petitioners/JDrs on the basis of pronote said to have been executed by one Mr. T. Rama Krishna and the 1st petitioner/1st JDr and thereafter suit was decreed on 6/10/2015 wherein trial court directed the revision petitioners/JDrs to pay a sum of Rs.9,85,000.00 from out of the estate of the deceased Mr. Rama Krishna and also casting personal liability on the 1st revision petitioner/1st JDr, which revision petitioners failed to pay due to that the respondent sought attachment of immovable property and sale in Court auction for realization of decretal debt.