MAHATHOBALA MAHALINGESWARA TEMPLE Vs. VATHSALA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 3/2/2020 passed in Execution Case No.10/2015 by the Principal Senior Civil Judge and ACJM, Puttur (for short, 'the executing Court') whereby, the executing Court directed attachment of movables of the respondent No.2- judgment debtor.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the deceased respondent No.1 - decree holder instituted the aforesaid execution proceedings against the respondent No.2 - judgment debtor and the same is pending adjudication before the executing Court. By the impugned order, the executing Court directed attachment of movables belonging to the respondent No.2 - judgment debtor. At that stage, the petitioner preferred the present petition inter alia contending that he has independent right over the subject matter of the execution proceedings and on the ground that he is the beneficiary and consequently, the impugned order deserves to be set aside.