K NAMAIAH Vs. G NARSHIMAIAH SETTY

JUDGEMENT

(1.) These two revisions are between the same parties and arose under similar circumstances. Hence, they are disposed of through a common order. Sri G. Narshimaiah Setty is the sole respondent in C.R.P.No.2315 of 2002. In C.R.P.No.2318 of 2002, he is the first respondent, and respondents, 2, 3 and 4 are his brothers. Reference to him, will extend to other respondents also.

(2.) The petitioner filed O.S.Nos.19 and 20 of 2000, in the Court of Junior Civil Judge, Alampur, against the respondent for recovery of certain amounts, on the strength of pronotes. He also obtained orders of attachment before judgment in both the suits. The suits were ultimately decreed on 14-7-2000. Thereafter, he filed E.P.Nos.1 and 2 of 2000 respectively, against the respondent, for execution of the decrees. On coming to know that an item of property belonging to the respondent was sold in E.P.No.20 of 1999 in O.S.No.87 of 1998, in the same Court and a sum of Rs.2,37,000/- is lying in deposit, the petitioner prayed for attachment of the sale proceeds for the benefit of the E.P.Nos.1 and 2 of 2000.

(3.) The respondent filed I.P.No.35 of 2000, in the Court of District Judge, Kurnool. The item of property, which is the subject matter of E.P.No.20 of 1999, was also shown in the schedule in the I.P. The Receiver appointed in the I.P., filed a memo before the Court of Junior Civil Judge, Alampur, to the effect that the sale proceeds in E.P.No.20 of 1999 constitute the subject matter of I.P.No.35 of 2000, and the amount may not be paid to any parties. The executing court took the memo into account and dismissed the E.Ps filed by the petitioner. Hence, these Civil Revision Petitions.