LAWS(KAR)-1962-1-14

THIPPIAH MANJAPPA Vs. HUVINAKULI RAMIAH

Decided On January 25, 1962
THIPPIAH MANJAPPA Appellant
V/S
HUVINAKULI RAMIAH Respondents

JUDGEMENT

(1.) In execution of a decree obtained by the second respondent in this Revision Petition in Original Suit No. 123 of 1948-49 on the file of the Court of the Munsiff at Sagar, certain items of immovable property were brought to sale on 13-6-1957 and one of the items was purchased by the first respondent in this Revision Petition. The sale was ordered on 22-3-1957. The entry in the order sheet of that date reads as follows:

(2.) The proclamation of sale is in Form No. 29 set out in Appendix 'E' to the Code of Civil Procedure, translated into Kannada. The sale was held by the Nazir of the Munsiff's Court.

(3.) By the sale of the item purchased by the first respondent, the entire decree amount was realised. Hence the sale of the rest was not conducted. The report of the Nazir which is in Kannada is as follows : (Omitted: the office note in the next para gives the purport thereof in English -- Ed.)