MUTINI MANGATAYARAMMA Vs. VARKINENI RAGHAVENDRA RAO

JUDGEMENT

(1.) This appeal arises out of an order refusing to raise attachment in respect of the property in question.

(2.) It will be convenient to state the array parties in the application filed in the court below. Respondents 1 and 2 are decree-holders who obtained a money decree against the 3rd respondent in OS. No 52 of 1976 on the file of Subordinate Judge's court, Eluru and got attached the property before the judgment on 18-6-76 and the same is made absolute on 23-9-76 and subsequently the decree was passed in favour of respondents 1 and 2 on 28-9-77. Thereafter the petitioners filed OP. No.111 of 1978 on 9-8-1978 and obtained a decree for maintenance and also obtained a charge in respect of the very same property which was attached by respondents 1 and 2 in OS. 52 of 1976. The maintenance decree was passed in favour of the petitioners by the court below on 26-4-79. The first petitioner is the wife and petitioners 2 to 4 are minor sons of respondent No.3.

(3.) Now the present application out of which this appeal arises was filed by the petitioners who are the plaintiffs in the maintenance suit to raise the attachment affected in O S 52 of 1976 on the ground that they obtained a charge in respect of the same property as per the terms of the decree dated 26-4-1979 and also as per settlement deeds executed bv the 3rd respondent in favour of the plaintiffs on 21-8-1980 and 25-8-1980.