MAGANAHALLI BASAPPA Vs. DODDAMANI BASAVARAJAPPA

JUDGEMENT

(1.) This is a decree holder's revision against the order dated 10-12-1981 passed by the Munsiff, Harapanahalli, in Execution Case No. 108 of 1981 ordering the re-transmission of the execution of the decree to the court of the Civil Judge at Davanagere, which had transferred the decree to it for execution.

(2.) The decree holder had obtained a decree in S.C. No. 176/78 against the judgment debtor in the court of the Civil Judge, Davanagere. The said decree was transferred by the court of the Civil Judge, Davanagere, to the court of the Munsiff, Harapanahalli. The Munsiff, Harapanahalli, held that the Munsiff at Harapanahalli had not got the same small cause powers as those of the Civil Judge at Davanagere. Therefore, the transferee Court was not a Court competent to entertain and hear and try the small cause suit filed in the Court of the Civil Judge, Davanagere, and decreed by it. Therefore taking this narrow view of the matter, he ordered the re-transmission of the decree to the court of the Civil Judge, Davanagere.

(3.) As can be seen from the order passed by the Court of the Munsiff, Harapanahalli, it becomes clear that the decree holder had filed a suit in S.C. No. 176/78 against the judgment debtor to recover Rs. 1,212/-. It further shows that the said suit was decreed by the Additional Civil Judge at Davanagere.