Chennai Court September 1931 Judgments

Kasarabada Venkatachalapathi Rao Vs. Gadiraju Venkatappayya and anr. M ...

Court: Chennai

Reported in: AIR1932Mad86; 136Ind.Cas.306; (1932)62MLJ302

Anantakrishna Aiyar, J.1. The first defendant in O.S. No. 142 of 1920 on the file of the Additional District Munsif's Court of Narsapur is the appellant before us. He was the plaintiff in O.S. No. 38 of 1912 on the file of the Principal District Munsif's Court, Narsapur, wherein he obtained a decree for money against M. Venkataramanayya on 30th September, 1913. He applied to execute his decree in O.S. No. 38 of 1912 by attachment and sale of certain immovable property and on the 14th of March, 1914, the District Munsif passed an order for attachment. In the meantime, M. Venkataramanayya, having filed an appeal against the District Munsif's decree, obtained an ad interim order staying execution, from the Appellate Court on 13th March, 1914. The interim stay order was received in the District Munsif's Court on 16th March, 1914, and before the amin was informed of the order, the amin reported on the 17th March, 1914, that attachment was carried out on that very date (17th of March) by aff...