MARY ASSOCIATES Vs. SMT. PADMA LALITHA K.V.

JUDGEMENT

(1.) THIS revision petition arises out of an order passed by the Small Causes Court, Mysore, in Execution Proceedings No. 413 of 1999 whereby the objections raised by the Defendant/judgment -debtor to the execution of the decree passed against it, have been overruled and further steps for recovery of the decretal amount directed to be taken.

(2.) THE Petitioner has suffered a decree for payment of a sum of Rs. 1,28,236/ - in O.S. No. 77 of 1994 on the file of the Small Causes and Additional Civil Judge, Mysore. The amount represents the arrears of salary recoverable from the Petitioner -Institution by the Respondent/decree holder who, it appears, was working as a teacher with the former. Aggrieved by the said judgment and decree, Regular First Appeal No. 151 of 1996 was filed by the Petitioner -Institution in this Court which was dismissed by Mr. Farooq, J., in terms of his order dated 31.5.1999. Execution Proceedings No. 413 of 1999 were in due course instituted by the decree -holder before the Court below, to which judgment -debtor appears to have filed its objections. By the impugned order the Executing Court has overruled the said objections.

(3.) ON behalf of the Respondent/decree -holder Mr. Shivaprasad urged that the question whether or not a civil suit was maintainable for recovery of arrears of salary was raised by the Petitioner/judgment -debtor in the appeal filed by it and was specifically examined by this Court while disposing of the same. This Court having recorded a finding that the suit filed by the Plaintiff/decree -holder was maintainable, it was not open to the judgment -debtor to urge or the Executing Court to question the correctness of the said finding.