LAWS(KAR)-2016-3-276

GURUMURTHAYYA Vs. VENKATESH RAMACHANDRA JANADRI

Decided On March 23, 2016
Gurumurthayya Appellant
V/S
Venkatesh Ramachandra Janadri Respondents

JUDGEMENT

(1.) This matter was heard at length on 18 t h Ma rch 2016. After recording the submission of the learned counsel for petitioner, as the learned counsel for respondents were not present, in order to give them a final opportunity. The matter was ordered to be re - listed today.

(2.) Facts stated and the contentions urged, as extracted in the order dated 18 t h March 2016, are reproduced hereunder to avoid repetition:

(3.) An application was filed by the decree - holder under Order XXI Rule 54 of th e Code of Civil Procedure, 1908 (for short 'the CPC'), seeking prohibitory order restraining the judgement debtor from transferring the lands in question. Decree holder has also filed verified statement on 08 t h August 1999 under Order XXI Rule 66(3) of CPC valuing the properties at Rs.1,00,000/ -. The judgment debtor did not file any objection to the said application. The application was allowed on 10 t h March 2003. It is thereafter proclamation was issued by publishing it in the local newspaper 'Nadu Nud i'. Sale warrant was issued on 31 s t May 2004 by fixing the spot sale on 02 n d July 2004 and the Court Sale by 09 t h July 2004.