STATE BANK OF INDIA Vs. RAJSHEKHAR

JUDGEMENT

(1.) The decree holder has preferred this second appeal questioning the Judgment and Decree passed in R.A.8/2004 dated 15.01.2010 by the Presiding Officer, Fast Track Court-I, Bidar, whereunder order dated 23.02.2004 passed by the Civil Judge (Sr.Dn), Basavakalyan in E.P.127/1995 allowing the execution petition by holding decree holder bank is entitled to obtain fixed deposit amount for realisation of the decreetal amount came to be reversed and application filed under Order XXI Rule 58 by the appellant came to be allowed.

(2.) Heard Sri.Manvendra Reddy, learned counsel appearing for appellant and Sri.Ashok S. Kinagi, learned counsel appearing for third respondent-decree holder. Notice to respondent Nos.1 and 2 has been dispensed with by order dated 31.01.2011. Though matter is listed for admission by consent of learned advocates same is taken up for final hearing. It is also agreed by the learned advocates appearing for the parties that following substantial questions of law would arise for consideration:

(3.) Facts in brief leading to filing of this appeal are as under: