RAJIVI HEGGADATHI Vs. RATHNAVATHI HEGGADATHI

JUDGEMENT

(1.) The first judgment debtor who was the plaintiff in O.S. No. 89/1971 filed a suit for injunction against the present petitioner and another. She obtained a temporary injunction and an order for attachment of 75 cart loads of fuel lying in the suit property. The amin attached 75 cart loads of fuel and he on taking a surety bond in the name of the Court released the said attached fuel and gave it in the custody of judgment-debtors 2 and 3, who executed the surety bond. The suit came to be dismissed on 16-8-1973. After the dismissal of the suit, the sureties did not return the fuel to the decree holder. Thus, she is entitled to get back 75 cart loads of fuel from the sureties by filing the execution.

(2.) The judgment-debtors contended that there was no decree or order passed by the Court at all. Therefore question of forfeiting the surety bord does not arise and they are not liable to pay any sum.

(3.) The Learned Counsel Sri Hegde for the revision petitioner relied on Section 145 of the Code of Civil Proce-dure which reads as :