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1999 Supreme(Kar) 147

KUMAR RAJARATNAM
SRI NARAYANA SWAMY – Appellant
Versus
MUNIYAMMA – Respondent


KUMAR RAJARATNAM, J.

( 1 ) THE petitioner is a judgment-debtor, respondents 1 and 2 are the decree-holders.

( 2 ) THE respondents 1 and 2 and threir mother Muniyamma had filed a suit in O. S. 47/60 in the Court of the Ilnd Munsiff, bangalore Rural District, Bangalore, for specific performance of the agreement of reconveyance against the petitioner and the respondent No. 3 herein. The said suit was dismissed on 3. 1. 1967. Aggrieved by that respondents 1 and 2 filed R. A. No. 81/67 and the said appeal was allowed. Thereafter, respondent No. 3 filed R. S. A. Nos. 993/69 and 96. 1/69 which came to be dismissed on 23. 1. 1973. In the meanwhile, the respondents 1 and 2 had already filed execution case in Ex. C. No. 699/70 seeking execution of the decree passed in R. A. No. 81/67. After the bangalore City Court Act came into force, the said execution petition came to be transferred and numbered as Execution No. 1528/87.

( 3 ) THE decree-holders sought to execute the decree. The petitioner judgment-debtor resisted the execution of the decree by filing an application under Section 47 of the Civil procedure Code with a prayer to dismiss the execution petition holding that the decree beca






























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