Appeal by special leave from the judgment and order dated July 28, 1959 of the Andhra Pradesh High Court at Hyderabad in C. M. A. No.
Later she filed execution No.
20,200 subject to her maintenance charge after obtaining the permission of the Court.
The appellant has number appealed after obtaining special leave from this Court.
The appellant also filed an application under s. 47 of the Code of Civil Procedure to record full satisfaction of the decree on the ground that the respondent by purchasing the properties subject to her charge companyld number maintain a fresh application for the sale of the other properties.
3,000/ per year to her on the 28th day of February of every year with interest at 6 per year if the payment was number made on the due date.
The respondent appealed to the High Court.
she purchased two items of the properties for a sum of Rs.
The decree included ascertained amounts as arrears of past maintenance and other items to which detailed reference is number necessary.
CIVIL APPELLATE JURISDICTION , Civil Appeal No.
February 11.
In addition to the personal liability the decree created a charge for past and future maintenance on three lots of properties.
43 of 1955 seeking to bring to sale properties other than those purchased by her in the earlier execution.
She purchased two items of the properties charged by the decree to sale.
The Judgment of the Court was delivered by HIDAYATULLAH.J. The respondent who is the wife of the appellant obtained a decree for maintenance on August 9, 1949, by which the appellant was ordered to pay Rs.
194 of 1961.
The respondent filed execution petition No.
91 of 1952 for execution of the maintenance decree and sought to bring the properties charged by the decree to sale.
120 of 1956.
R. Choudhri, E. Udayarathnam and V. C. Prashar, for the respondent.
Ram Reddy, for the appellant.
