TRIYAMBAK VENKATESH HEBSUR Vs. DHARMARADDI FAKIRADDI KHYADAD

JUDGEMENT

(1.) In this revision petition, the J.Dr. has challenged the order passed by the learned Munsiff, Navalgund on 12-8-1992 in Execution Case No.26/79. What the learned Munsiff has done in this order is he has ordered issue of attachment warrant to the extent of 10 acres of land in R.S.33/2 of Gudisagar Village to realise the decree amount.

(2.) The learned counsel for the revision petitioner produced today with memo a copy of the decree passed in O.S. No.72/70, out of which Execution Case No.26/79 arose. The decree mention that the plaintiff is entitled to recover Rs.8000/- with costs and interest. Nowhere in the decree has it been stated what is the interest.But the execution has been levied for recovery of the amount with interest at 12%. Since the decree does not mention what is the rate of interest allowed (decree was a consent decree), I reduce the interest allowable to the decree-holder from 12% to 6% per annum.

(3.) The next important point for consideration in this revision is, whether the learned Munsiff was right in ordering issue of attachment warrant to the extent of 10 acres to realise Rs.8000/- with interest and court costs etc.