LAXMI Vs. KARNATAKA BANK LTD

JUDGEMENT

(1.) This is an appeal by the appellant (applicant in Misc. Case No. 22/77) on the file of the Civil Judge, Sirsi, against the order dated 29-11-1978 passed by the Civil Judge, Sirsi, in Misc. Case No. 22/77, dismissing the same.

(2.) The appellant had filed a suit O.S. No. 23/74 against respondent 2 in the Court of the Civil Judge, Karwar, for recovery of money. She obtained an order in interim attachment of the amount due to respondent 2 from the L.I.C. The said suit was later on transferred to the Court of the Civil Judge at Sirsi which was established in 1977 and the suit came to be decreed on Nov. 21, 1981.

(3.) Respondent 1 Bank obtained a money decree against respondent 2 in Arbitration Case 1/76 on the file of the Civil Judge, Karwar. Respondent 1 after obtaining the decree in Arbitration Case 1/76 in the Court of the Civil Judge, Karwar, sued out execution in Execution Case 16/77 against respondent 2 in the Court of the Civil Judge, Sirsi and the executing Court attached the amount due to respondent 2 from the L.I.C. and called for the amount for partial satisfaction of the decree in the said execution and it closed the case.