POLISCTTI MALLIKARJUNARAO Vs. GADDE SAROJINI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order of the learned District Munsif, Vijayawada in E-A. No. 358 of 1965 in O.S. No. 5 of 1961 by which he issued a cheque for Rs. 1,966-14 P. in favour of the respondent, G. Sarojini.

(2.) The short facts relevant for the disposal of this petition are as follows The respondent, G. Sarojini, filed O.S. No. 251 of 1956 on the file of the District Munsif's Court, Vijayawada, against M. Harimohan Rao and Bapayyamma, for recovery of Rs. 4,000 and odd due on the foot of a promissory note, and attached their house before judgment. The attachment was made absolute on 10th December, 1956. The suit resulted in a decree, and for realisation of the amount, she filed E.P. No. 556 of 1957. That E. P. was closed on 7th October, 1958, but the attachment was kept pending. She later filed another E.P. No. 77 of 1961 for sale of the house. That E.P. was closed on 3rd July, 1961, keeping the attachment pending.

(3.) The petitioner (Mallikharjuna Rao) obtained a decree in S.C. No. 375 of 1957 on the file of the Subordinate Judge's Court, Vijayawada, for recovery of Rs.1,170. The house which was attached by the respondent was subject to a mortgage in favour of a third party and the mortgagee obtained a decree in O.S. No. 5 of 1961 on the file of the District Munsif Court, Vijayawada for sale of the house for recovery of the mortgaged amount due to him, amounting to Rs. 6.522-14.