(1.) The Civil Revision Petition and the two Civil Miscellaneous Appeals came UP before the Full Bench on reference by our learned brother Venkatarama Sastry. J. as he was of the view that
(2.) The 1st respondent in the Civil Revision Petition obtained a decree in O. S. 5/71 on the file of the Subordinate Judge. Vijayawada against one Subbarapu Jagan Mohan Rao, the petitioner herein and one Subbarapu Ponniah, the 2nd respondent Who is the father of the petitioner and filed E. P. 158/71 on 7-9-1971 on the file of the said Court for execution of the decree against both the judgment-debtors. In the said E. P. he sought attachment and sale of the properties of both the judgment-debtors. The attachment was ordered on 16-9-1971.
(3.) The 2nd respondent, judgment-debtor herein had earlier filed an insolvency petition O. P. 29/69 on the file of the Subordinate Judges Court. Vijayawada on 1-11-1969 to adjudicate him as insolvent. Though the said petition was dismissed, on appeal the District Court. Krishna at Masulipatnam by its order dated 19-8-1971 in A. S. 10/71 adjudged him an insolvent.