MADDULA KASIYYA Vs. JALLIPALLI PULLAYYA

JUDGEMENT

(1.) Judgment debtor is the appellant in this second appeal. The facts giving rise to this appeal are the following :

(2.) A money decree was passed against the appellant and another person in O.S. 12 of 1957 on the file of District Munsifs Court, Eluru for Rs. 1,716.00 in favour of the first respondent and the predecessor in interest of the respondents 2 and

(3.) The decree-holders filed E.P. 292 of 1959 on 29-10-1959, for attachment of the movable properties. The movable were attached. In E.A. 442/70 by an order dated 18-4-1960 movables were directed to be sold without any reference to the upset price. But on 30-6-1960 E.P. 292 of 1959 was dismissed. Later on the other decree-holder i.e., the predecessor in interest of respondents 2 and 3 died. Thereupon respondents 1 to 3 filed E.P. 160 of 1963 on 24-6-1963 for sale of the attached movable properties. Notice to the judgment debtor was ordered but for non-payment of batta the said E.P. was dismissed on 12-8-1963. 3. Thereafter the decree-holders filed on 31-5-1966 E.A. 409 of 1966 seeking transfer of the decree to the District Munsifs Court, Chintalapudi for purposes of execution. On 6-7-1966 transfer was ordered and the decree was transmitted to the District Munsifs Court, Chintalapudi. In that Court the decree-holders filed E.P. 44 of 1968 on 20-12-1967. In that E.P. the movables were sold and a part satisfaction for Rs. 423.00 was recorded and that E.P. was closed on 13-5-1969. Thereafter the decree holders filed E.P. 32 of 1969 in the District Munsifs Court, Chintalapudi for attachment of the amount lying in deposit in O.S. 15 of 1969 on the file of Sub-Court, Eluru as belonging to the appellant-judgment debtor therein.