Chennai Court September 1935 Judgments

Visvanathan Krishtiah Vs. Yerrabanda Pedda Venkata and ors.

Court: Chennai

Reported in: 160Ind.Cas.573

1. The decree holder in O. S. No. 112 of 1932 on the file of the District Munsif's Court of Kurnool is the appellant before ns. He obtained a money decree against respondents Nos. 1 to 3. Against the same respondents the 11th respondent before us had obtained a decree in O. S. No. 26 of 1930 on the file of the Sub-Court of Kurnool. He applied by E. P. No. 7 of 1932 for attachment of the properties of the judgment-debtor's on October 26, 1932. The sale of the properties was adjourned to August 22, 1933. On that date the appellant filed E. P. No. 836 of 1933 in the District Munsif's Court for execution of his decree. Oa the same date he filed an application for rateable distribution in the District Court of Kurnool. The question was whether he was entitled to rateable distribution. The lower Court dismissed his application and this appeal is against that order of dismissal.2. A preliminary objection is taken that no appeal lies as the dispute in this case relates solely to questions betw...