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1973 Supreme(Kar) 105

V.S.MALIMATH
RAJAPPA, NAGUSA MEHAEWADE – Appellant
Versus
SAGAR KRISHNAPPA AND SONS – Respondent


Advocates:
A.M.Farooq, B.K.RAMACHANDRA RAO, N.SANTOSH HEGDE

( 1 ) THIS is a decree-holder's revision petition against the order passed by the Civil Judge at Chitradurga in Ex. Case No. 55 of 1971 on I. A. No. 6. The petitioner instituted the suit to recover certain sums from the respondent. That suit ended in a, compromise decree under which the plaintiff-decreerholder became entitled to receive a sum of Rs. 43,285-82 from the respondent. A tune of six months was granted to the judgment-debtor for paying the decretal amount. As the decretal amount was not paid the decree-holder filed an execution petition. In that execution petition, the judgment-debtor filed his objections dt. 18-1-1972. The executing court over-ruled the objections by observing that there is no substance in the objections as they are not substantiated. That order was challenged in this Court in Execution First Appeal No. 17 of 1972. This court by its order dt. 7th August 1972 allowed the said appeal on the ground that the Civil Judge has not assigned any reasons for rejecting the objections that had been filed by the judgment-debtor. Consequently, the case was remitted to the executing Court for fresh disposal in accordance with law. After the case was remitted back to th










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