SHYAMSUNDER D CHUGH Vs. RAM NARAYAN V

JUDGEMENT

(1.) This Civil Revision Petition is presented by the judgment-debtor aggrieved by the order dated 30-5-1994 passed in Execution Case No. 4207 of 1994 by the Court of the Small Causes at Bangalore.

(2.) The facts of the case in brief are as follows: The judgment-debtor is the father-in-law of the decree-holder who is the respondent in this petition. The decree-holder had instituted a money suit in the Court of the Small Causes, Bangalore. The said suit was decreed on 31-3-1994 after contest in terms of which the judgment-debtor had to pay Rs. 6,662.50 to the decree-holder. It appears against the judgment and decree, the judgment-debtor has preferred CRP No. 1619 of 1994 and the same is pending before this Court.

(3.) Meanwhile, the decree-holder took out execution of the decree. The execution petition was filed on 3-5-1994 (during summer vacation) by the decree-holder for recovery of a sum of Rs. 7,725/- inclusive of costs and current interest. The said execution petition was filed before the Vacation Court with an application under Section 21(3)(b) of the Small Cause Courts Act, 1964 seeking permission of the Court to present the execution petition during the vacation on the ground that the matter was urgent. It appears another application was also filed simultaneously under Rule 224 of Karnataka Civil Rules of Practice seeking deputation of a Special Bailiff to execute the warrant of attachment of the moveables for the reasons stated in the affidavit in support of the application.