THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.4288 OF 2003 DATED:22-10- 2010. Between V.Bullabbai …Appellant And 1.M/s Rajyalakshmi General Finance, Kakinada Rep. by its Managing partner G.Ranga Rao and three others …Respondents THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL NO.4288 OF 2003 JUDGMENT: This appeal is filed aggrieved by the order, dated 24-09-2003, in I.P. No.22 of 1999, on the file of the II Additional Senior Civil Judge, Kakinada. 2. The factual matrix is not in dispute. In the trial Court, the 1st respondent herein filed the petition to declare R2 to R4 herein as insolvents and to declare the sale deed, dated 20-11-1997 executed by R3 and R4 herein as null and void. The trial Court allowed the petition insofar as R2 and R3 herein is concerned and dismissed the petition insofar as relief of declaring R4 herein as insolvent. 3. Learned counsel appearing for the appellant contended that the property covered by Ex.A2-sale deed was vested with the Official Receiver, that when the appellant was not declared as an insolvent, question of vesting half share to the Official Receiver is incorrect and illegal and hence, he prays to set aside the impugned order. 4. That aspect of the case has not been denied or disputed by the learned counsel appearing for the respondents. The Official Receiver can proceed against the property of the person who was declared as an insolvent. Therefore, the Official Receiver can only proceed against the half share of the 2nd respondent herein so as to discharge the debt of the 1st respondent herein. 4. Accordingly, the Civil Miscellaneous Appeal is allowed to the extent indicated above. No order as to costs. ________________ K.C. BHANU, J DATED:22.10.2010 Hsd