JAI BHARATH TRADERS Vs. ATLURI SRINIVAS

JUDGEMENT

(1.) THE unsuccessful claim petitioner Firm viz., Jai Bharath Traders, Guntur, had filed this appeal suit under Section 96 of the Code of Civil Procedure, 1908 ('the Code' for brevity), assailing the order and decree dated 05.07.2010 in E.A.No.95 of 2008 in E.P.No.36 of 2008 in O.S.No.299 of 1993 passed by the learned V Additional Senior Civil Judge, Guntur, dismissing the said execution application filed by it under Order XXI Rule 97 of the Code seeking to allow the claim petition and dismiss the Execution Petition (EP) in regard to the claim petition schedule property.

(2.) WE have heard the submissions of Sri Vedula Venkata Ramana, learned Senior Counsel, representing Sri Akkam Eshwar, the learned counsel for the appellant/claim petitioner Firm as well as Sri K. Durga Prasad, the learned counsel for the 1 st respondent/decree holder and perused the material record.

(3.) THE parties in this appeal shall hereinafter be referred to as the claim petitioner Firm and the 1 st respondent/decree holder for the sake of convenience and clarity. The other respondents 2 and 3 are the judgment debtors.