S SATYANARAYANA Vs. MARGADARSI CHIT FUNDS LIMITED

JUDGEMENT

(1.) This revision is directed against the orders passed by the Principal Senior Civil Judge at Warangal on 26-8-2004 in E.A. No. 215 of 2004 in E.P. No. 135 of 2004, by which the petition filed by the petitioners herein seeking stay of attachment was negatived.

(2.) The brief facts, which led to filing of this revision, are that originally, the petitioners are the defendants in O.S. No. 454 of 1997, which was filed by the 1st respondent-Chit Fund Company for realization of certain amounts on the ground that the 1st petitioner is a prized subscriber and a defaulter. On contest, the suit was decreed as prayed for in favour of the 1st respondent. While so, when the decree was ordered to be executed, the present application is filed under Order XXI Rule 26 of the Code of Civil Procedure seeking stay of attachment stating that under Section 5 of the Andhra Pradesh Farmers Agricultural Debts (Moratorium) Act, 2004 (for brevity 'the Act, 2004'), the Court shall not entertain any proceedings in respect of the debt of any farmer.

(3.) Heard Sri S. Lakshma Reddy, learned Counsel for the petitioners and Sri Raja Rao, learned Standing Counsel for the 1st respondent-Chit Fund Company.