MALLAYYA KADAYYA KAMBI SINCE DECEASED BY HIS LRS AND OTHERS Vs. SHRIPAD YALLAPPA PAWAR SINCE DECEASED BY HIS LRS

JUDGEMENT

(1.) THIS civil revision petition arises from the order dated 31.1.2000 passed by the Prl. Civil Judge, Senior Division and C.J.M., Dharwad, in Execution Petition No. 87 of 1993 on I.A. No. 2 whereby the Principal Civil Judge and C.J.M., i.e., the lower appellate Court rejected the preliminary objection of the revision Petitioners against the maintainability of the appeal and held that the appeal to be maintainable.

(2.) THE facts of the case in brief are; That the present revision Petitioners who are decree holders who have obtained money decree against the Respondents in O.S. No. 78 of 1963 for a sum of Rs. 2,50,977.50. The execution petition was filed on 20.4.1995. It may be mentioned that there were final decree proceedings, but those are not very material to mention at this stage. The decree holders prayed for execution of the judgment and decree by sale of movable and immovable properties of the judgment debtors. To this application for execution of the money decree objections were filed by the judgment debtors on various grounds and in paragraph 8 of the order, the Execution Court framed the following points for consideration;

(3.) ON point No. 2 the Execution Court has recorded the following finding: Therefore, it clear that the properties described in the execution petition schedule are liable to be attached and sold for recovery of the execution petition claim.