CHAMMANA BASAVA GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) in this petition, the petitioner has sought for quashing the order made by the special tahsildar and executive magistrate t. Narasipura taluk-respondent No. 2. As per Annexure-F , for the reasons set out in the petition.

(2.) the matter arises in this way : petitioner filed a suit in o.s, No. 30/1975 onthe file of the court of munsiff, t. Narasipura taluk against the 3rd respondeut-chowdegowda, seeking to recover certain sum of money from 3rd respondent on the strength of an on demand pronote said to have been executed by the 3rd respondent. It is stated that the said suit was decreed on 1-12-1978 and that the judgment and decree came to be confirmed in r.a.no. 7/1979 on the file of the court of the additional civil judge, mysore. The appeal filed by the 3rd respondent, came to be dismissed on 29-l-1983.

(3.) there after, the petitioner sued out execution petition No. 202/1983 on the file of the court of the munsiff, t, narasipura seeking to realise the decreetal amount from the 3rd respondent. It is stated that the said execution proceedings are pending.