( 1 ) THE short question raised by this execution first appeal is whether simultaneous execution is permissible in two courts, one being the Court to which the decree has been transferred for execution under Section 39 Civil Procedure Code and the other being the Original Court which passed the decree.

( 2 ) THE facts are that the decree-holder having obtained his decred got it transferred to a Court in gwalior and put in an application for execution there. Before a certificate could be sent by the gwalior Court, he put in a second execution application in the Court which had passed the decree and wanted to proceed against some property of the judgment-debtor situated within the jurisdiction of that Court. Objection was taken to the second application on the ground that it was not maintainable in law. Relying on the case of Makkhan Lal v. Mst. Bhagwana Kuer, AIR 1936 All 655, the learned Civil Judge rejected the objection. His order is being questioned by the present appeal.

( 3 ) THE question was considered recently by a learned Single Judge of this Court in Aftab Ahmad v. Hindusthan Commercial Bank Ltd. , AIR 1960 All 558. The facts were similar and it was held tha