MALLAPPA Vs. APPANNAPPA

JUDGEMENT

(1.) This is a revision by the judgment-debtor against the order dated 2.12.1978, passed by the Munsiff, Jamkhandi, in Execution Case No. 127 of 1977. The decree holder sued out the execution. The judgment-debtor raised a contention that he was a debtor within the meaning of the Karnataka Debt Relief Act.

(2.) The trial court over-ruled the objections of the judgment debtor and ordered execution to be proceeded.

(3.) The executing court appears to be of the impression that the K.D.R. Act docs not apply to a pronote debt at all. He relied on the decision in MARUR BASAPPA V. BASAVARAJAPPA C.E. & Ors (1978(1) Karnataka Law Journal, 262). What Puttaswamy, J. has held in the said case is that: