K C D SWAMY Vs. LEELA MARATHEY

JUDGEMENT

(1.) These two revision petitions arise out of two applications filed in Exs.48|70 and 49|70, arising out of OS. Nos.73 and 74/67, on the file of the Court of the Civil Judge, Civil Station, Bangalore. Both the decrees are consent decrees and execution of these decrees is sought.

(2.) Applications were filed in the said execution cases, viz., IA.II in CRP.1620/70 and IA.III in CRP.1621 of 1970, under the provisions of S.27 of the Mysore Money Lenders Act, praying for the modification of the decree and requesting that the amount be directed to be paid by instalments. The learned Civil Judge considered both the applications and has dismissed them holding that the judgment debtor cannot ask the Court below to pass an order granting relief under S.27, in the absence of the consent of the decree-holder. It is against these two orders dismissing the applications under S.27 of the Mysore Money Lenders Act that the present two revision petitions have been filed before this Court.

(3.) Sri M. L. Venkatanarasimhiah, learned Councel for the respondent, raised a preliminary objection that the present revision petitions are not maintainable and that the only remedy available to the petitioners, if any, is to file an appeal before the appropriate Court. In support of his submission, he has relied on a judgment of the High Court of Bombay reported in State of Bombay v. L. D. Naranyanapure, AIR. 1960 Bom. 334..