NAZARULLA KHAN, S/O MIAJAN KHAN Vs. PRAGATHI GRAMEENA BANK, HAVING HEAD OFFICE AT BELLARY AND INTER ALIA WITH A BRANCH AT HOLEHONNUR BRANCH, BHADRAVATHI TALUK-577227 REPRESENTED BY ITS MANAGER AND GPA HOLDER

JUDGEMENT

(1.) THE appellant was defendant No.3 while the respondent was the plaintiff in O.S.No. 153/2005 on the file of Civil Judge (Sr.Dn.) and JMFC, at Bhadravathi.

(2.) THE respondent - Pragathi Grameena Bank filed the said suit against one Shafiq Ahamed and Shanthaveerappa as defendant Nos. 1 and 2 for recovery of sum of Rs. 84,768/ - with current interest inter alia contending that defendant No.1 borrowed a sum of Rs. 1 lakh for the purpose of jaggery and kirana business, for which the second defendant stood as guarantor and the defendants subsequently became defaulters and in spite of repealed demands they failed to pay the amount.

(3.) THE trial Court having regard to the fact that the third defendant claims to have purchased the property which had been attached before the judgment, after the attachment, was effected held that he has not derived any title and the sale is void in the light of Section 64 of CPC. In that view of the matter, the suit was decreed and defendant Nos.1 and 2 were jointly and severally held liable to pay the aforesaid amount. The trial Court made the attachment, before judgment effected absolute. It is against that part of the order the appellant filed appeal before the Lower Appellate Court. The Lower Appellate Court in the light of the provisions of Section 64 of CPC dismissed the appeal. It is against these concurrent judgments of the courts below, defendant No.3 is in appeal before this Court.