The D.hr obtained a decree against the respondents 2 and 3 herein. For realization of decreetal amount, the D.Hr filed E.P. and in the process of realization the schedule property was attached. The main contention of the appellant is that the property attached belongs to the petitioner M/s.Coastal Adhesives represented its managing partner Smt.Ravi Sree Lakshmi , the property belong to the firm cannot be attached, in view of bar under Order XXI Rule-49 of C.P.C. The petitioner produced Ex.A.1 sale deed dated 30-11-1994 pertaining to the schedule property. As seen from the document Ex.A.1, the Zonal Manager, APIIC, Vijayawada executed sale deed in favour of Ravi Krishna Mohan Rao who is carrying on business in the name and style of M/s.Coastal Acqua Feeds. Therefore, the property attached exclusively belongs to Ravi Krishna Mohan Rao, 2nd J.Dr but not to the firm Sri M/s.Coastal Adhesives represented by its Managing Partner. If the property belongs to the petitioner, the document would have been executed by the Zonal Manager, APIIC, Vijayawada in favour of Coastal Adhesives represented by its Managing partner. Though the 2nd J.Dr is the partner of the firm but still the immovable property, which is attached exclusively belongs to the 2nd J.Dr. According to Rule 49 of Order XXI C.P.C., the property belongs to the partnership shall not be attached or sold in execution of a decree other than the decree passed against the firm or against the partners in the firm as such. Therefore, the exemption under Order XXI rule 49 C.P.C. has no application.
