BHOJAIAH Vs. SAMSAN METAL INDUSTRIES PRIVATE LIMITED

JUDGEMENT

(1.) this revision petition is preferred against the order dated 7-3-1990 passed by the principal civil judge, mandya in miscellaneous No. 12/1986. The facts relevant for the disposal of this revision petition, briefly stated, are as under:

(2.) dr. Hemavathi b. Shetty and her husband k. Bhaskar shetty were running respondent 1 industries which is a private limited company. The instant respondent 2 state bank of mysore, mandya branch, mandya has filed a suit against the said M/s. Samsan metal industries private limited and its managing director and had obtained a decree. The said decree was put in execution in ex. Case No. 173/1976 on the file of the court of principal civil judge, mandya. The state bank of mysore, that is to say, the instant respondent - 2 had sought for sale of 'a' and 'b' schedule properties consisting of both moveable and immoveable properties. In the court sale held on 26-7-1979, the instant petitioner and respondent 3-s. Mumtaz sheriff had purchased the 'a' schedule properties (immoveable properties). The judgment-debtor that is to say, the instant respondent-1 filed an application under order 21, Rule 19, CPC praying for setting aside the sale. The principal civil judge on 11-3-1980 dismissed the said application for setting aside the sale and confirmed the sale. Aggrieved by the said Order, the judgment-debtor filed a revision petition before this court in c.r.p. No. 935/1980 and obtained a stay order. The said revision petition was allowed on 21-1-1985 and set aside the sale and its confirmation. In pursuance of the order of this court dated 21-1-1985 in c.r.p. No. 935/1980 setting aside the sale and its confirmation, the petition 'a' and 'b' schedule properties were required to be redelivered to the judgment-debtor. However, the same was not done. Under these circumstances, M/s. Samsan metal industries filed misc. Petition No. 12/1986 before the principal civil judge, mandya for restitution.

(3.) petition was resisted by respondents-1,3,4,6 and 7 before the principal civil judge on the grounds reflected in para 3 of the order passed by the learned civil judge.