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Mulinti Virana Gowd Vs. D. Timma Reddi and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.809a
AppellantMulinti Virana Gowd
RespondentD. Timma Reddi and ors.
Excerpt:
execution petition struck off - attachment, whether subsists. - - 1. we are not satisfied that there was a subsisting attachment when the defendant purchased. the plaintiff has failed to produce the order of the former munsif giving reasons for striking off the petition.1. we are not satisfied that there was a subsisting attachment when the defendant purchased. the plaintiff has failed to produce the order of the former munsif giving reasons for striking off the petition. we cannot hold that an order striking off a petition is always to be understood as having been made only for statistical purposes.2. we dismiss the second appeal with costs.
Judgment:

1. We are not satisfied that there was a subsisting attachment when the defendant purchased. The plaintiff has failed to produce the order of the former Munsif giving reasons for striking off the petition. We cannot hold that an order striking off a petition is always to be understood as having been made only for statistical purposes.

2. We dismiss the second appeal with costs.


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