SHIVALINGESHWAR OIL MILL HAVERI Vs. CHANNAVEERAPPA BASALINGAPPA KADDI

JUDGEMENT

(1.) the revision petitioner is a judgment-debtor in execution case No. 6 of 1991 on the file of the court of munsiff, haveri. He filed an application i.a.i seeking for certain interrogatories along with a copy of the objection in which a specific stand was taken by him saying that judgment-debtor is a debtor within the meaning of the Karnataka Debt Relief Act, 1980 (karnataka act 29 of 1980) ('the act' for short).

(2.) he has prayed for dismissing the execution petition on the ground that he is not liable to pay the decree amount as he is entitled to take defence available under the said act.

(3.) in the course of the objection, he has brought to the notice of the court that he being a debtor under the Act, the decree cannot be executed against him to recover the decretal amount. The learned munsiff rejected the application, holding that he cannot go beyond the decree. Aggrieved by this Order, the judgment-debtor has approached this court in this revision petition.