PAIDIMARRI BALASUBBA CHETTY AND SONS Vs. JUTUR REDDIYA

JUDGEMENT

(1.) This is an appeal against an order of the Additional District Judge, Cuddapah passed on 19-10-1964 whereby he adjudicated respondents 1 and 2 as insolvents and directed that the estate of the debtors will vest in the Official Receiver for purposes of administration and fixed the time for discharge as one year.

(2.) The necessary fats are that the appellants before me filed O. S. No. 69 of 1961 in the Court of the District Munsif, Cuddapah to recover a sum of Rs. 1532-4-0 against respondents 1 and 2 herein. They attached certain property before judgment. The suit was decreed on 30-5-1961. The decree-holder filed E. P. 288 of 1961 on 12-6-1961. The attached house was brought to sale on 20-11-1961. the sale was confirmed on 2/05/1962. The sale proceeds were distributed rateably amongst the decree-holders in the above said suit as well as other decree-holders against the same respondents on 4-5-1962.

(3.) I. P. No. 9 of 1961 was filed by the respondents 1 and 2 on 29-6-1961 before the sub-ordinate Judges Court Nellore to adjudicate them insolvents. I. A. No, 698 of 1961 was filed therein seeking stay of the sale which was to be held on 20-11-1961 in the decree passed in O. S. 69 of 1961. That petition was dismissed. C. M. A. No. 23 of 1961 which was filed was also dismissed on 12-2-1962. The 1st and 2nd respondents were subsequently adjudged as insolvents on 18-2-1963.