S J DHARMACHAND Vs. SHA SAKALCHAND BABULAL JAIN

JUDGEMENT

(1.) This is a judgment-debtor's appeal from an order made by the Civil Judge overruling as many as four obje-tions to the execution of the decree preferred by the fourth judgment-debtor.

(2.) The decree was a money-decree and the amount claimed in the execution applica tion which was presented on August 1, 1960, was Rs. 13,363.22 nP. The Court of the Civil Judge, Bangalore, passed that decree and the execution application with which we are con-cerned in this appeal was also presented to that Court. At one stage, the decree was at the instance of the decree-holder transferred to the Court of the Subordinale Judge, Tumkur, and that order was made in Execution Case No. 17 of 1956 by the Civil Judge, Bangalore, it is obvious that the execution proceedings before the Subordinate Judge, Tumkur, did not yield anything fruitful to the decree-holder as can be seen from the certificate forwarded by the Subordinale Judge, Tumkur, to which in the proceedings of the Civil Judge. Bangalore, there is a reference in the Judge's notes of July 21, 1962.

(3.) The four objections raised by the fourth judgment-debtor are these :