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1985 Supreme(Kar) 428

CHANDRAKANTARAJ URS
KISHORCHAND – Appellant
Versus
KARNATAKA BANK LTD. – Respondent


CHANDRAKANTARAJ URS, J.

( 1 ) THIS is a revision by the receiver appointed by the Court of the Civil Judge, Mangalore, in execution Case No. 8. 2/1977. It is directed against the legality and correctness of the order dated 13-9-1985 passed by the learned Civil Judge, Mangalore, in the said execution petition. Before stating the peculiar facts and circumstances leading to the present revision petition, it would be useful to set-out the order itself in toto : "13-9-85; petitioner : Shri P. V. Shetty present.. A. No. IV section 151 C. P. C. A. L. S. Present. Shri P. V. S. Present heard. As submitted by them. F. S. Recorded receiver discharged. Deliver the properties in favour of the Jdr. by 30-9-85". The receiver who is none other than the son of the judgment debtor in the above mentioned execution petition is aggrieved by that portion of the above order by which properties are to be delivered to the judgment-debtor. He has no quarrel or no grievance at all in respect of the other parts of the order. On 16-9-1985 there appears to have been some direction by the Court to break open the lock and render police help to give effect to its order by 30-9-1985 with which this court in this c














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