SUBRAY KRISHNAIAH HEGDE Vs. MANAGER SIDDAPUR TALUK

JUDGEMENT

(1.) THIS Civil Revision Petition under S. 115 of the Code of Civil Procedure, is to get over the adverse order the legal heirs of judgment-debtor suffered at the hands of the executing Court in their effort to avoid execution of award passed by the arbitrator under S. 70 of the Karnataka Co-operative societies Act, 1959 (for short, the Act), as the learned Judge of the executing Court under the impugned order held that the execution petition was not barred by limitation as contended by the judgment-debtor.

(2.) THE petitioners, who are legal heirs of the original judgment-debtor, who was a member of the decree-holder society and it appears had borrowed some amount for agricultural operations, having failed to pay the amount, the society raised a dispute and the matter being referred to arbitrator by the Registrar, got an award in its favour in CEP 2/1974-75, dated 31-8-1974.

(3.) THE judgment-debtor, it appears, had preferred an appeal against this award to the karnataka Appellate Tribunal in Appeal No. 731 of 1974, which came to be dismissed on 1-1-1986, against which the judgment-debtor had also filed a review petition No. 3 of 1986, which also met with the same fate of dismissal on 5-11-1986.