CAVALRY ENTERTAINMENT LLP Vs. VEEREGOWDA

JUDGEMENT

(1.) This petition by the obstructor / objector in Com.Ex.No.259/2022 is directed against the impugned order dtd. 3/3/2023 passed on I.A.No.1 by the LXXXVIII Addl. City Civil & Sessions Judge, (Exclusive Commercial Court), Bengaluru City, whereby the said application filed by the petitioners / obstructors / objectors under Order 21 Rule 58 CPC was dismissed by the Trial Court.

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

(3.) A perusal of the material on record will indicate that respondent No.1 - decree holder instituted the aforesaid execution proceedings against respondent No.2 - judgment debtor to enforce and implement the judgment and decree dtd. 19/2/2022 passed in Com.O.S.No.5637/2019. During pendency of the proceedings, respondent No.1 obtained attachment of the movables on the ground that the same belong to respondent No.2 - judgment debtor. Subsequently, petitioners / objectors / obstructors filed the instant application - I.A.No.1 claiming that it was a limited liability partnership firm, which owned and possessed the said movables and that they had independent right over the movables attached by respondent No.1 - decree holder.