RAMACHANDRA SIDDAPPA KAMGOND Vs. LINGAWWA

JUDGEMENT

(1.) This is a Revision by the Judgment-debtor (Jdr) No. 8 against the order dated 19-6-1978 passed by the Prl. Munsiff, Bijapur, in Ex. Case No. 24/76 over-ruling his objections.

(2.) The decree-holder Lingawwa (Respondent No. 1 here-in) had obtained a decree for maintenance against the other Jdrs. Not only the property in question but also other properties belonging to Jdrs. 1 to 7 were charged with the decree-holder's right of maintenance. The decree-holder had sued out an execution in in Ex. Case No- 105/69 for the recovery of maintenance arrears to the tune of Rs. 2107/-and brought the property to sale in that execution. In the course of the said execution, Sy. No. 110 was attached and sale proclamation was issued. Jdr. No. 8 i. e., the present Revision Petitioner offered the highest bid of Rs. 4020/ - and the bid was knocked down in his name. A sale certificate was also issued in his name. The decree-holder Lingawwa took away the amount due to her out of the sale proceeds and the remaining amount was withdrawn by defendant No. 1. Again the maintenance arrears fell due. She filed the present execution and prayed that the very property Sy. No. 110, which was. sold in the previous execution and which was purchased by the Jdr. No. 8 in the Court auction sale, should be brought to sale in order to recover her maintenance dues.

(3.) Jdr. No. 8 contended that the sale proclamation issued in execution No. 105/69 did not mention that the Sy. No. 110 was charged with decree holder's right of maintenance and that he bona fide purchased Sy. No. 110 in the Court auction sale for valuable consideration and without notice of the charge.