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THE HIGH COURT OF KARNATAKA
MR. S.R.KRISHNA KUMAR, J
M/S SKYLARK DEVELOPERS (A REGISTERED PARTNERSHIP FIRM) – Appellant
Versus
M/S. AIR CRAFT EMPLOYEES HOUSE BUILDING CO-OPERATIVE SOCIETY – Respondent
| Table of Content |
|---|
| 1. review of execution proceedings and implications of impleadment. (Para 1 , 3) |
| 2. need for inquiry under section 47 cpc for rival claims. (Para 2 , 4 , 5) |
| 3. concluding orders for case remittance and terms. (Para 6 , 7) |
ORAL ORDER
2. Heard learned counsel for the petitioners and learned Senior counsel for respondent No.1 and learned Senior counsel for respondents 2 to 4 and perused the material on record.
4. Learned Senior counsel for respondents 2 to 4 submits that though the said application filed by respondents 2 to 4 invoking Order 1 Rule 10(2) CPC, in substance / essence, the same is an application under Section 47 of the CPC, which requires an inquiry to be conducted to adjudicate upon the rival contentions and not by way of a separate suit. It is therefore submitted that the impugned order may be set aside by treating the application I.A.No.3 as an application under Section 47 CPC and the matter be remitted back to the Executing Court for reconsideration of I.A.No.3 afresh after conducting necessary enquiry in accordance with law.
6. In view of the aforesaid submissions and in the facts and circumstances of the instant case, I deem it just and appropriate to
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