RAGHAVENDRU Vs. RAMAKRISHNA

JUDGEMENT

(1.) This execution is directed against the sale proclamation issued by the executing Court in Execution Case No.220 of 1979 in O.S. No. 96 of 1968 on the file of the Civil Judge at Mangalore, Dakshina Kannada.

(2.) It is not disputed by the petitioners that the sale has not taken place pursuant to the sale proclamation. The grounds urged for setting aside the sale proclamation is that the petitioners are not liable to have their properties sold as they are only the 8th and 9th defendants; that they were minors at the time the decree was passed and the Court did not record that the consent partition decree and the final decree drawn was for the benefit of the minors. It is also contended that there is no apportionment of the liability of the mesne profits paid to the plaintiffs in the decree, as evidenced by the Annexures.

(3.) The final decree proceedings were drawn up on 21st November 1978 by which the defendants were directed to pay Rs.25,000/- as mesne profits to the plaintiffs. The defendants therein at that time did not file any appeal against that order. That order has become final and binding on all parties. That minors were represented by their guardian in that suit is not disputed. Therefore, there must be a special mention by the Court that the compromise was for their benefit becomes unnecessary. If the minors were aggrieved by such a decree, they should have re-opened the partition by a separate suit. That not having been done, it cannot be urged on the execution side now much less in the revision in regard to the execution proceeding pending for mesne profits.