G. NARASA REDDY Vs. M. VASANTHA RAO

JUDGEMENT

(1.) This appeal arises out of an application filed by the Judgement-Debtor in O.S. No. 39 of 1954, on the file of the Court of the District Munsif, Adoni. It is averred in the E.A. No. 22 of 1967 that the decree-holder attached property belonging to the Judgement-debtor in an earlier execution petition. E.P. No. 61 of 1661 and brought the property to sale. The E.P. however was dismissed and the attachment raised. Without effecting attachment afresh, the the property is brought to sale in the present E.P. 51 of 1966. The sale cannot be directed to be held without the property being attached. The Judgement-debtor prayed for the dismissal of the execution petition on the above mentioned averments.

(2.) In resisting the application the decree holder pleaded that there was no need for a fresh attachment as the prior E.P. was not dismissed for his default and that the very objection now raised by the Judgement-debtor was overruled by the Court at an earlier stage of this proceeding and the applicant is precluded from urging the same point once again.

(3.) The learned District Munsif rejected the application. According to him, there was no specific order raising the attachment and hence there was no unfulfilled requirement in that respect. He did not deal with the contention of the decree-holder that the application was barred by the rule of res judicata.