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2021 Supreme(Kar) 848

N.S.SANJAY GOWDA
T. Lokesh, S/o M. Thimmaiah – Appellant
Versus
Town Sahakara Sangha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI SACHIN B.S., ADV.
For the Respondent: SRI. VARUN.J.PATIL, ADV.

ORDER :

1. The Judgment Debtor is challenging the order passed by the Executing Court by which it has been held that the execution petition filed by the Decree holder was maintainable.

2. The admitted facts are that the respondent – Decree holder obtained an award at the hands of the Assistant Registrar who had exercised his power under Section 70 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as ‘the KCS Act’ for short). The decree holder thereafter obtained a certificate from the Registrar entitling him to execute the award before the Civil Judge, Turuvekere. On the basis of the said certificate an execution petition was filed before the Civil Judge, Turuvekere seeking to execute the award passed in favour of the respondent – decree holder.

3. It was the case of the petitioner – Judgment Debtor that the Civil Court had no jurisdiction to execute the award passed by the Assistant Registrar in exercise of his power under Section 70 of the KCS Act. It was stated that Section 118 of the KCS Act was a complete bar for the Civil Court in the matter of execution of any award and therefore the executing Court had no jurisdiction.

4. Learned counsel for the respond

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