N.S.VEERABHADRAIAH
VITHABAI G. GHODAKE – Appellant
Versus
UNITED WESTERN BANK – Respondent
( 1 ) THIS revision is by the judgment-debtor being aggrieved by the order passed in Misc. Case No. 40/2000 by the learned Civil Judge (Sr. Dn.), Hubli, dated 14-6-2001 restoring the Execution Case No. 229/88.
( 2 ) THE brief facts of the case are as follows : the United Western Bank Ltd. , obtained a decree against the judgment-debtor for Rs. 1,52,864/- in O. S. No. 13/1982. The said decree became final between the parties. The decree-holders took out execution for recovery of the amount in Ex. Case No. 229/88. The judgment-debtor dragged on the proceedings commencing from 1988. After all the formalities, the execution proceedings stood posted to 5-8-2000 for filing of the verified statement. On 5-8-2000, the execution petition came to be dismissed for non-compliance of Order 21, Rule 66 (3), CPC. The decree-holder-Bank immediately filed a Miscellaneous Petition under Order 21, Rule 106 r/w. 151, CPC for restoration of Ex. Case No. 229/88. The petition came to be registered as Misc. No. 40/2000. The learned Judge of the Executing Court by its order dated 14-6-2001 allowed Misc. No. 40/2000 by restoring the execution proceedings in Ex. Case No. 229/88. It is
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