HEMA MALINI Vs. JAYALAKSHMAMMA

JUDGEMENT

(1.) Though these appeals are listed for admission, with the consent of learned counsel on both sides, they are heard finally.

(2.) For the sake of convenience, the parties shall be referred to in terms of their status in Execution Case No.76 of 2013 out of which these appeals arise.

(3.) Succinctly stated, the facts are, the respondent Nos.1 to 4 herein are decree holders. Late Venkatesh, husband of decree holder No.1 and father of decree holders No.2 to 4 had filed O.S. No.119 of 2009 seeking recovery of monies due to him. The said suit was later renumbered as O.S. No.86 of 2012. The suit was decreed by judgment and decree dated 03.08.2013. Against which, judgment debtors No.2 and 3 have preferred R.F.A. No.1739 of 2013 before this Court which is pending adjudication. In the meanwhile, the decree holders initiated execution proceedings in Execution Case No.76 of 2013 on the file of the Senior Civil Judge and J.M.F.C., Channapattana. In the execution petition, the decree holders filed schedule of properties which was sought to be attached and sold for the recovery of decretal amount.