SAKARY VISWANATHA RAO Vs. K MANIKYAMMA

JUDGEMENT

(1.) This appeal is preferred by the petitioners in E.A.No.148 of 1993 in E.P.No.70 of 1986 in O.S.No.56 of 1977 on the file of the Subordinate Judge, Adoni under Order 21 Rule 58 C.P.C.

(2.) The appellants filed the above execution application praying to raise the attachment in respect of the petition schedule house property and to dismiss the execution petition to the exfent of the suit house.

(3.) The first respondent is the mother of the second respondent. The second respondent filed O.S.No.56 of 1977 on the file of the Subordinate Judge, Adoni for partition and separate possession of immovable properties. The mesne profits were also awarded in favour of the second respondent to be recovered from the first respondent to a tune of Rs.1,33,655-25 ps. In pursuance of the final decree passed in O.S.No.56 of 1977 the second respondent filed E.P.No.70 of 1986 seeking attachment of the properties, including the suit house and for sale of the properties in public auction for the purpose of realization of the amount from the first respondent. There was a paper publication and the sale of property was proposed to be held on 26-2-1993. Subsequently, on 21-6-1993 the petitioners filed the E.A. claiming title over the suit house.