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1990 Supreme(Kar) 215

M.M.MIRDHE, K.A.SWAMI
K. ASWATHANARAYANA SETTY – Appellant
Versus
HINDUSTAN FINANCE CORPORATION – Respondent


Advocates:
K.R.ASHOK KUMAR, N.S.SATYANARAYANA GUPTA, S.P.SHANKAR

KA. SWAMI, J.

( 1 ) THIS Civil Revision Petition is preferred against the order dated 21st September, 1982 passed by the learned XII Additional City Civil Judge, Bangalore City, in execution Case No. 191 of 1982. The learned Single Judge has, by the order dated 12th October, 1988, referred the case to a Division Bench on the ground that a decision of this Court in Meganahalli Basappa v Doddamani Basavarajappa, ILR 1985 (3) Kar. 2420 has not fully considered the decision of the Supreme Court in mahadeo Prasad Singh v Ram Lochan, AIR 1981 SC 416 and has not taken into consideration the cumulative effect of Sections 7, 39 (3) and 42, Order 21, Rule 82 and also Order 50 of the Code of Civil Procedure.

( 2 ) BEFORE we consider the contentions urged by Sri Shankar, learned counsel forthe petitioner, we notice the undisputed facts of the case: the respondent obtained a money decree in SC No. 7570 of 1980 (old No. 810 of 1979) from the Court of Small Causes, Bangalore City on 25th August, 1981 for a sum of Rs. 8,202. 50 with interest on Rs. 7. 000/- at 6 per cent per annum from the date of the suit till realization and the costs of Rs. 1,029. 75. The suit was filed on 26lh March, 1979. The




















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