(1.) The 1st judgment-debtor B. Lakshminarayana Setty, in Exn. Case No.56 of 1970, on the file of the Civil Judge, Civil Station, Bangalore, has filed this appeal against the order passed by the learned Civil Judge on 18-11-1970, directing execution to proceed.
(2.) The 1st Additional Civil Judge, Bangalore, passed decree in O.S.No. 494 of 1964 on 4-2-1966. This decree is sought to be executed in Exn.Case No.56 of 1970. Exn.Case No.56 of 1970 was instituted in the Court of the Civil Judge Civil Station, Bangalore_on 14-4-1970. : The appellant-judgment debtor contended that the execution is incompetent inasmuch as it could not have been initiated in the Court of the Civil Judge, Civil Station, Bangalore, without securing a certificate of transfer from the Court which passed the decree. Reliance was placed on a decision of this Court in Vandse Gopalakrishna Shanabhogue v. Trasi Gavisandraya, Laxman, AIR. 1964 Mys. 34.
(3.) The learned Civil Judge rejected this contention and directed execution to proceed. Sri C.N.Kumar, the learned Counsel for the appellant, ueged that the Court of the Civil Judge, Civil Station, Bangalore, was created by the Government on 5-1-1970 and till then the area over which the Court of the Civil Judge, Civil Station, Bangalore, had jurisdiction was within the jurisdiction of the Court of the Civil Judge Bangalore City, and that Court still exists and, therefore, it was incumbent on the decree-holder to secure a certificate of transfer of the decree from the Court of the Civil Judge, Bangalore City to the Court of the Civil Judge, Civil Station, Bangalore, before instituting Exn.Case No.56 of 1970. Sri M. V. Srinivasa Iyengar, the learned Counsel for the decree-holder, contended that it is not correct to state that the Court of the Civil Judge, Bangalore City, continued to exist even after 5-1-1970 because it was abolished by the Government with effect from 5-1-1970 and in its place a new Court was created simultaneously with the creation of the Court of the Civil Judge, Civil Station, Bangalore and, hence, the provisions of S.37(b) of the Code of Civil Proceduree would be applicable.