M ANUMAKKA Vs. TURPU GOPAL REDDY

JUDGEMENT

(1.) THIS civil revision petition is filed against the order dated 23. 10. 2006 passed in E. P. No. 137 of 2006 in O. S. No. 131 of 2004 by the Additional Senior civil Judge, Kurnool.

(2.) THE E. P. was filed by the respondent/decree holder after obtaining a decree in a suit for specific performance of agreement to sell, whereunder the revision petitioners were directed to pay a sum of Rs. 1,30,000/- together with interest and costs as indicated therein. On the ground that the revision petitioners failed to satisfy the decree, the respondent/j. Dr sought for attachment and sale of the schedule mentioned property which according to the revision petitioners is assigned to the second revision petitioner by the government under the provisions of A. P. Assigned Lands (Prohibition of transfers) Act, 1977 (Act 9 of 1977 ).

(3.) THE execution Court after making an enquiry into the above mentioned E. P. after affording opportunity to both parties held that the objection raised by the revision petitioners that the property being house property built in the assigned house site cannot be sold in execution is not tenable and passed an order to proceed further in execution proceedings.