V S PRABHU Vs. R D MUJUMDAR

JUDGEMENT

(1.) THE PETITIONERS ARE THE JUDGMENT-DEBTORS 2 AND 3; RESPONDENT NO. 1 IS THE JUDGMENT-DEBTOR NO. 1; RESPONDENT NO. 2 IS THE DECREE HOLDER AND RESPONDENT NO. 3 IS THE GARNISHEE IN EXECUTION CASE NO. 82 OF 1988 ON THE FILE OF THE CIVIL JUDGE, MANGALORE, D.K. THE PETITIONERS HAVE CHALLENGED IN THIS PETITION THE ORDER DATED 21-11-1988 PASSED BY THE II ADDITIONAL CIVIL JUDGE, MANGALORE, D.K., HOLDING THAT THE GARNISHEE IS ENTITLED TO BE PAID HIS CLAIM, AS PER EXT. D. 1, THE DECREE, FROM OUT OF THE SALE PROCEEDS.

(2.) FEW FACTS NECESSARY FOR THE DISPOSAL OF THIS PETITION ARE AS FOLLOWS: THE DECREE HOLDER-BANK OBTAINED A DECREE AGAINST THE JUDGMENT-DEBTORS FOR A SUM OF RS. 4,49,007-16 PS. PERSONALLY AGAINST THEM AND ALSO BY SALE OF THE HYPOTHECATED TRUCK. THE DECREE HOLDER REQUESTED THE COURT TO SEIZE THE HYPOTHECATED VEHICLE AND TO SELL THE SAME IN PUBLIC AUCTION AND TO PAY THE SALE PROCEEDS TO THE DECREE HOLDER. THE CLAIM IN THE EXECUTION PETITION IS RS. 6,11,191-80 PS. WITH INTEREST.

(3.) THE COURT BELOW PASSED AN ORDER FOR SEIZURE OF THE TRUCK AND, AT THAT TIME, THE VEHICLE WAS IN POSSESSION OF THE GARNISHEE. THE GARNISHEE CLAIMED LIEN OVER THE HYPOTHECATED TRUCK ON THE GROUND THAT SOME AMOUNT WERE DUE TOWARDS THE REPAIR CHARGES OF THE VEHICLE DONE BY HIM. THE VEHICLE WAS SEIZED AND SOLD FOR A SUM OF RS. 75,500/- THROUGH THE PROCESS OF THE COURT LEAVING OPEN THE CLAIM OF THE GARNISHEE. THE AMOUNT WAS KEPT IN THE COURT DEPOSIT.