SHA CHAMPALAL OSWAL Vs. PERALU ACHANNA

JUDGEMENT

(1.) HEARD the arguments of learned Counsel on both sides.

(2.) CIVIL Revision Petition No. 3903 of 1994 arises from the Execution Case No. 341 of 1989 taken out by respondent 1-Decree-Holder (hereinafter referred to as the 'dhr') to execute the money decree dated 29-9-1987 in his favour, passed in O. S. No. 95 of 1986 by the Court below. Respondent 2-N. Parameshwarappa was the only defendant in the said suit. The two petitioners herein named Sha Champalal Oswal and Chaganraj oswal were JDrs 2 and 3 in the said Execution Case No. 341 of 1989 by respondent 1. Civil Revision Petition No. 3902 of 1994 has arisen out of execution proceeding in Ex. Case No. 433 of 1989 on the file of the Court below wherein its money decree dated 29-9-1987 passed in O. S. No. 96 of 1986 in favour of R-1 ('dhr' for short) is put to execution against respondent 2 and the petitioners, who are JDr Nos. 2 and 3 respectively, in that execution proceedings.

(3.) BOTH the said O. S. Nos. 96 of 1986 and 95 of 1986 were filed by respective DHrs (who is respective respondent 1 herein) against common defendant, N. Parameswarappa, who is respondent 2 in both these revisions, for recovery of certain amounts. The said suits were decreed against defendant (R-2) by the Trial Court on the basis of compromise between the parties, creating charge for respective decretal amounts on the northern half portion of the building property of the defendant bearing old No. 201/1 new No. 246/1, which is fully described in the respective decrees and costs of Rs. 1,099/ -. O. S. No. 96 of 1996, was decreed for Rs. 11,728-50 with costs of Rs. 1,092-50. The decretal amounts were made payable by the defendant in instalments with single default clause, failing which the whole of the decretal amount was made recoverable by the DHrs through sale of the said property.