SATYAFPA KALAPPA Vs. BALAGOUDA SULTANAGOUDA

JUDGEMENT

(1.) At the stage of admission, the respondent has put in appearance ; hence the petition is finally heard.

(2.) During the course of hearing on 11-8-1981 the Court felt that it was necessary to look into the judgment of the Supreme Court passed in the case and also the decree passed in the suit ; therefore, the parties were directed to produce the same. Accordingly, a copy of the judgment of the Supreme Court in CA No. 1560 of 1966 dt. 11th Sept. 1969 and also a copy of the judgment of this Court in SA (b) No. 45/1956, have been produced

(3.) This CRP is directed against the order dt. 29 8 -1980 passed by the learned Munsiff, Raibag holding that the provisions of the Karnataka Debt Relief Act, 1976 (hereinafter referred to as 'the Act') are not applicable, since the decree in question is a decree for mesne profits which is a tortious liability and as such it is exempted from the purview of the Act, in view of the provisions contained in S. 8(d) of the Act. Accordingly, the learned Munsiff has directed the execution to proceed.