CA No. 3944 of 2003 1

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  3944 OF 2003

K. RAMAIAH (D) BY LRS.    ..... APPELLANTS

VERSUS

D.R. SRINIVAS & ORS.      ..... RESPONDENTS

O R D E R

We  find  from  the  impugned  order  of  the  High  

Court that the primary dispute between the appellant  

who is the decree holder and the objectors who claim to  

be purchasers of the attached property without notice  

is  as  to  whether  they  had  knowledge  about  the  

attachment and as to whether the attachment had been  

validly made by order of 15th of October, 1999.  The  

High Court was of the opinion that these two and other  

connected  matters  would  require  the  taking  evidence  

etc. and has remanded the matter for decision to the  

Court below.

CA No. 3944 of 2003 2

In  the  light  of  these  findings,  we  are  not  

inclined to interfere in this matter.  The appeal is  

dismissed.    

As the dispute is pending since long and the  

appellant is the decree holder who has a decree in his  

favour which has become final, we direct the Executing  

Court to take a decision on the objections within a  

period of six months from today.

    ..................J      [HARJIT SINGH BEDI]

    ..................J      [C.K. PRASAD]

NEW DELHI MAY 04, 2010.