SYNDICATE BANK Vs. MAHADEVAPPA BASAPPA KUPPALUR

JUDGEMENT

(1.) This is a revision by the decree holder against the order dated 16.6.1980 passed by the Principal Munsiff, Ranebennur, in Execution No. 8 of 1980 dismissing the same with liberty to the decree holder to file the execution case in the court of the Munsiff at Hirekerur.

(2.) The brief facts are as below:- The decree holder Syndicate Bank filed a suit - O.S.No. 225 of 1976 on the file of the Principal Munsiff, Ranebennur, against the judgment debtors for recovering Rs. 3,529.85 together with future interest. The suit was decreed on 20th December, 1977. It was ordered that the defendants should pay to the decree holder Bank the said amount in three instalments of Rs. 1,000/- each. None of the instalments was paid by the defendants. Hence on 19.1.1980 the decree holder levied the execution in Execution No. 8 of 1980 in the court of the Munsiff, Ranebennur, for recovering Rs. 6,579.60 as calculated upto 11.1.1980. The prayer was for attachment of the salary of the judgment debtors.

(3.) The Munsiff, Ranebennur, dismissed the execution case on 16.6.1980 opining that judgment debtors-1 and 2 resided outside the jurisdiction of the court of the Munsiff, Ranebennur and that the execution had to be filed in the court in whose jurisdiction the judgment debtors resided.