J SNEHLATHA Vs. B SATYANARAYANA

JUDGEMENT

(1.) THIS Second Appeal under Section 100 of Civil Procedure Code is directed against the decree and judgment made in AS No. 57 of 2005 dated 7. 7. 2008 on the file of the learned Principal District judge, Warangal, wherein the appeal filed by the appellant herein against the order and decree passed in EA No. 183 of 2004 in ep No. 76 of 1997 in OS No. 31 of 1984 description of attached property house No. 8-1-9 situated near railway Gate, S. V. N. Road, Warangal with the following boundaries. dated 19. 4. 2005 on the file of the learned II additional Senior Civil Judge, Warangal was dismissed.

(2.) THE brief facts of the case are that the first respondent-decree holder obtained money decree in OS No. 31 of 1984 on the file of the learned II Additional Senior civil Judge, Warangal on 6. 2. 1997 against the second respondent. The said decree stipulated that the second respondent-judgment debtor should pay to the first respondent-decree holder a sum of rs. 1,75,504. 47 ps. together with future interest @ 6% per annum on the principal sum of Rs. 1,59,668. 47 ps. together with costs of the suit. The said decree was put into execution by the first respondent-decree holder in EP No. 76 of 1997 and sought attachment of EP schedule property viz. , house bearing No. 8-1-9, S. V. N. Road, warangal with specific boundaries vide order of attachment dated 24. 10. 1997.

(3.) ACCORDING to the appellant, under registered document No. 2714/00 dated 5. 6. 2000, second respondent-judgment debtor gifted the ground floor of the house bearing no. 8-1-9 to the extent of 110. 4 Sq. yards with specific boundaries as mentioned in the schedule to the decree in her favour. The said House No. 8-1-9 had originally Municipal no. 8/10 and the same was revised to 8-113 and later further revised to 8-1-9. The said house has two separate portions facing the main road. The southern portion of the ground floor was bearing M. No. 8-1-12 originally which was later revised to 8-1-8. The northern portion bearing H. No. 8-1-13, which was later revised to 8-1-9. The boundaries in the warrant of attachment referred to above and the boundaries in the gift deed of the appellant are described below : description of gifted property ground floor of house bearing M. No. 8/10 revised to 8-1-13 and further revised to 8-1-9 extent 110. 4 Sq. yards equivalent to 92 Sq. mtrs. situated at SVN Road, Warangal with following boundaries. North : House of K. Yethirajulu north : House of P. Pedda Kistaiah and Om Prakash south : House of P. Pedda Kistaiah south : House of K. Yethirajulu east: house of Erukula Soma Sekharam. East: House of K. Yethirajulu west : Road west : S. V. N. Road