T.M. UMAPATHAIAH Vs. K.B. RAMALINGAPPA

JUDGEMENT

(1.) This appeal is filed by the objector challenging the order dtd. 13/3/2019 passed by the learned Principal Senior Civil Judge, Davanagere, in Execution Petition No.298 of 2017.

(2.) For the purpose of convenience, the parties are referred to as per their rankings before the trial Court in Original Suit No.134 of 2013. The appellant is defendant No.10/objector, respondent No.1 is the plaintiff/decree holder, and other respondents are the defendants/judgment debtors.

(3.) The brief facts of the case of the appellant/defendant No.10 are that respondent No.1/plaintiff/decree holder had filed a suit in Original Suit No.134 of 2013 before the trial Court against the appellant and other judgment debtors seeking recovery of money for a sum of Rs.52,00,000.00 with interest at the rate of 18% per annum from the date of the suit till its realisation. The plaintiff contended that defendant No.1 is the Educational Institution and defendant Nos.2 to 9 are the members of the Managing Committee of defendant No.1. Among them, defendant Nos.3 to 5 were the President, Vice President, Secretary and the Treasurer, respectively and defendant Nos.6 to 9 were the members of the Institution in the year 2012. In order to run the Institution, defendant Nos.2 to 8/judgment debtors borrowed a loan of Rs.40,00,000.00. Later, they failed to repay the amount. Hence, the plaintiff filed the suit for recovery of amount.