LAWS(KAR)-2010-3-14

VISHWA KUTUMB Vs. NAWALGIRI KIRTHIKUMAR

Decided On March 08, 2010
Vishwa Kutumb Appellant
V/S
Nawalgari Kirthikumar And Ors. Respondents

JUDGEMENT

(1.) The petitioner - decree holder in Execution Case No. 189/2010 on the file of the III Additional City Civil and Sessions Judge, Bangalore city, is before this Court praying for quashing the order dated 8-2-10, passed on an application filed under Sec. 46 read with Sec. 151 of Civil Procedure Code passed in the above Execution Case at Annexure 'D'.

(2.) The brief facts of the case leading to the filing of the writ petition may be stated as under :

(3.) Learned Counsel for the petitioner submits that the petitioner/decree holder is entitled for an order under Sec. 46 of Civil Procedure Code, but the trial Court erred in holding that it cannot execute the decree outside its jurisdiction.