SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1963 Supreme(AP) 70

GOPALA KRISHNAN NAIR, P.CHANDRA REDDY
Gultupalli Hanumayya – Appellant
Versus
Ravella Venkata Subbayya – Respondent


CHANDRA REDDY, J.

( 1 ) THE question that calls for decision in this case is whether the Court having territorial jurisdiction Over the mortgaged properties could entertain a petition for execution of a decree passed by another Court which ceased to have territorial jurisdiction but which still exists, in the absence of a notification transferring the business or an order under Section 24 or Section 39, C. P. C.

( 2 ) A decree was passed by the Subordinate Judges Court, Guntur, against the appellants in O. S. No. 33 of 1961. Subsequently, execution of this decree levied. Sometime later, a Subordinate Judges Court was established at Narsaraopet and its jurisdiction included the villages in which the properties sought to be proceeded against are situate. Having regard to this fact and notwithstanding the continued existence of the Subordinate Judges Court at Guntur, the decree-holder filed execution petitions giving rise to this appeal, the judgment-debtors formulated an objection that the Court at Narasaraopet had no jurisdiction to entertain the execution petition, as the Subordinate Judges Court, Guntur, continued to exist and no notification was issued transferring the business c








Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top