PUSUPULATI SESHANNA Vs. EPPARALA BALAIAH

JUDGEMENT

(1.) This civil miscellaneous second appeal is filed by the third party- objector, in E.P.No.101 of 1997 in O.S. No. 101 of 1986 on the file of the Senior Civil Judge, Kadapa.

(2.) The 1st respondent (since died, and represented by his legal representatives, respondents 2 to 5), filed O.S.No.101 of 1986 for recovery of certain amount against the 6th respondent, Gajula Venkata Subbaiah (since deceased, and represented by his legal representatives respondents 7 to 9). He also filed I.A.No.514 of 1986 under Order 38 Rule 5 C.P.C., for attachment of an item of immovable properly, before judgment. The LA. was ordered on 22-8-1986. Ultimately, the suit was decreed on 26-3-1987.

(3.) The 1st respondent died on 24-4-1987. Thereafter, respondents 2 to 5 filed E.P.No.101 of 1997, for realizing the benefits of the decree. The property, which was attached through orders in LA. No.514 of 1986, was sought to be proceeded against. At that stage, the appellant filed E.A.No.288 of 1998 under Rule 101 of Order 21 C.P.C., with a prayer to raise the attachment. It was pleaded that she purchased the said property through a sale deed dated 2-5-1988, not being aware of the attachment or decree in the suit or the decree, that was passed thereafter. It was urged that the property was purchased for valuable consideration, without notice of attachment, and as such, the respondents cannot proceed against it. It was also urged that the decree-holders can proceed against other properties, owned by the legal representatives of the judgment- debtor.