GURRAM VIJAYA KUMAR Vs. MALLA RAMACHANDRA RAO PRASAD

JUDGEMENT

(1.) THIS appeal is filed against the order and decree in E. A. No. 142 of 2002 in E. P. No. 36 of 2002 in O. S. No. 583 of 1999 on the file of the Court of the Senior Civil Judge, Chodavaram.

(2.) THE appeal arises out of execution proceedings initiated by the 1st respondent against respondents 2 and 3. The brief facts, that gave rise to the filing of this appeal, are as under:

(3.) THE 1st respondent filed O. S. No. 583 of 1999 against respondents 2 and 3 in the Court of II Senior Civil Judge, visakhapatnam, for recovery of certain amount. He has also filed an application under Order 38 Rule 5 C. P. C. , and obtained an order of attachment before judgment, as regards two houses, bearing Door Nos. 7-63 and 64 of Ward No. 10, Block No. 10; and 7-112 of Ward No. 7, Block No. 10 of V. Madugula, Visakhapatnam District, belonging to the respondents 2 and 3. The suit was decreed on 8. 3. 2002. After the decree became final, he filed E. P. No. 36 of 2002 and brought the attached properties to sale. At that stage, the appellant filed E. A. No. 142 of 2002 under Rule 58 of Order 21 C. P. C.