LAWS(KAR)-1991-11-27

ASHIKA VISHAL SHAH Vs. PRATAPRAI MANEKCHAND MEHTA

Decided On November 08, 1991
ASHIKA VISHAL SHAH Appellant
V/S
PRATAPRAI MANEKCHAND MEHTA Respondents

JUDGEMENT

(1.) By consent of the parties these Revision Petitions are taken up for final disposal.

(2.) The Revision Petition No.4113/1991 is directed against the order of the 4th Additional City Civil Judge, passed on I.A.I. in Execution Case No.978/1991 dated 6-9-1991 and Revision Petition No.3981/1991 is likewise directed against the order dated 2-9-1991 passed by the Civil Judge, in Execution Case No. 1002/1991. Since both the Revision Petitions are pertaining to the transfer decree in the Summary Suit No.5/1988 and the common question involved, they are disposed of by a common order.

(3.) Petitioners are decree holders and respondents are the Judgment Debtors in Execution Case Nos.1002/1991 and 978/1991 respectively. The petitioner in Civil Revision Petition No.4113/1991 filed an I.A.I. in Execution Case No.978/1991 under Order 21 Rule 30 read with Section 151 C.P.C. to dispense with the notice and order of attachment In Civil Revision Petition No.3981/1991, the petitioner- decree holder filed an application in Execution Case No. 1002/1991 for seeking an attachment of the deposit in the name of respondent- Judgment Debtor in the second respondent Sangli Bank Limited, Gandhi Nagar, Bangalore, and the amounts to the credit of the respondents lying with M/s. Santhosh Sales Agency which is a Partnership Firm consisting of the wives of the respondents 2, 3 and 5 (J.D.Rs.), as its partners and under the active management of respondent No.3.