PANDURANG JIVAJI APTE Vs. RAMCHANDRA GANGADHAR ASHTEKAR DBAD

JUDGEMENT

(1.) The present appeal by special leave arises out of an execution proceeding and is directed against the judgment of the High Court of Bombay dated 21st of January, 1970 in Letters Patent Appeal setting aside the order of the single Judge in Second Appeal. The appeal came up for hearing on September 24, 1981. After the conclusion of the arguments of the counsel for the parties, we allowed the appeal with costs, set aside the judgment of the High Court and restored that of the District Judge for reasons to be recorded later, in the following terms :

(2.) Respondent No. 1, Ramchandra Gangadhar Ashtekar (since dead and represented by his legal representatives (filed a) regular suit No. 215 of 1959 for the recovery of his dues from Kamla Pictures. Kolhapur of which Bapusaheb Narayanrao Mohite (since dead and represented by his heirs and legal representatives) was the sole proprietor. It appears 'that after filing the suit the plaintiff applied for attachment of the defendant's properties before judgment under Order 38, Rule 5 of the Code of Civil Procedure and the following properties were attached :

(3.) The suit was eventually decreed for a sum of Rs. 9,.000 and odd with interest and costs of the suit. The said attachment was continued by the decree.