VENKATACHALAIAH, GOVINDA BHAT
GANESH BISTO DESAI – Appellant
Versus
NAGESH BISTO DESAI – Respondent
( 1 ) THESE appeals by judgment-debtors 2 and 15a respectively in Special execution Case No. 277 of 1969 on the file of the Court of the Addl Civil judge, Hubli, arise out of and are directed against the order dt. 20-11-76 by which the Court below held that the appellants were not 'debtors' within the meaning of Sec. 3 of the Karnataka Debt Relief Act, 1976 (Act 25 of 1976 ).
( 2 ) THE factual antecedents are these: The respondent-decree-holder sued cut execution of the decree for costs awarded to him in Special suit No. 35 of 1950 affirmed by this Court in RA. 157of 1956, and the appellants, who were amongst the judgment-debtors, filed objections to the executability of the decree against them on the ground that they were 'debtors' within the meaning of S. 3 (c) of Act 25 of 1976 and that accordingly their liability under the decree must be deemed to have been wholly discharged. In the enquiry held in that behalf, the son of the decree-holder tendered evidence and accepting this evidence, the court-below held that both, the appellants were not 'debtors' within the meaning of S. 3 (c) of the said Act 25 of 1976. It is the correctness of this finding that is chall
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