KANNEPOTHU KOTESWARAMMA Vs. ALAVA KRISHNA RAO

JUDGEMENT

(1.) This revision by the Judgment-debtors under sec. 115 of the Code of Civil Procedure is directed against the decision rendered by the learned First Additional District Munsif, Eluru, dated 28th day of February 1977 by which the application filed by the petitioners under Sec. 4 sub-sees. (1) and (2) of the Andhra Pradesh Agricultural Indebtedness (Relief) Ordinance 25 of 1976 (hereinafter referred to as merely the Ordinance) was dismissed.

(2.) The first petitioner is the wife, the 2nd petitioner is the minor son and the third petitioner is the minor daughter of late Dharma Rao. Late Dharmarao borrowed from the respondent an amount of Rs. ,2000/- on 19th of July 1969. After his death the respondent filed the suit O.S. 639 of 1972 against the petitioners and one by name Satyanarayana, the major son of late Dharma Rao seeking the recovery of the debt from out of the assets of late Dharmarao in the petitioner's hands. That suit was decreed for a sum of Rs. 2,330/- on January 31, 1972 with costs and subsequent interest.

(3.) The respondents sought to execute the decree in E.P. 294 of 1975; but that was stayed in I.A. 1149 of 1975 under the proviIsons of A.P. Ordinance 8 of 1975. Subsequently it was vacated and the respondents were allowed to proceed with the execution of the decree. An amount of Rs. 2,590/-was paid under E.P. 294of 1975 and a balance of Rs. 777-30 paise besides costs of execution and pleader's fee is still due.