S M SUPARIES Vs. KARNATAKA BANK LTD

JUDGEMENT

(1.) This appeal by the 1st Judgment Debtor is against an order passed on I. A. No. I in Execution Case No. 17/2000 by the Principal District Judge, Shimoga, dated 16-12-2002.

(2.) On 31-7-1999, an award came to be passed by the arbitrator and in order to have the fruits of the award, claimant filed an execution petition in Ex. Case No. 17/2000 before the Principal District Judge, Shimoga. The Registry of the office of the District Jude, Shimoga, raised an office objection under two grounds:

(3.) On raising these queries, Registry noted that Principal District Judge, Shimoga, has no jurisdiction to adjudicate the execution petition and accordingly, it was posted before the Court. By order dated 14-11-2000, the Principal District Jude kept open the point regarding jurisdiction and ordered notice on judgment debtors. On service of notice Judgment Debtors 1 and 2 have appeared and contested the execution petition.