NARAYANA SWAMY Vs. MUNIYAMMA DEAD

JUDGEMENT

(1.) THE petitioner is a judgment-debtor. Respondents 1 and 2 are the decree-holders.

(2.) THE respondents 1 and 2 and their mother Muniyamma had filed a suit in O. S. No. 47 of 1960 in the Court of the II Munsiff, Bangalore Rural District, Bangalore, for specific performance of the agreement of reconveyance against the petitioner and the respondent 3 herein. The said suit was dismissed on 3-1-1967. Aggrieved by that respondents 1 and 2 filed R. A. No. 81 of 1967 and the said appeal was allowed. Thereafter, respondent 3 filed R. S. A. Nos. 993 of 1969 and 961 of 1969 which came to be dismissed on 23-1-1973. In the meanwhile, the respondents 1 and 2 had already filed execution case in Ex. C. No. 699 of 1970 seeking execution of the decree passed in RA No. 81 of 1967. After the Bangalore City Court Act came into force, the said execution petition came to be transferred and numbered as Execution No. 1528 of 1987.

(3.) THE decree-holders sought to execute the decree. The petitioner-judgment-debtor resisted the execution of the decree by filing an application under Section 47 of the CPC with a prayer to dismiss the execution petition holding that the decree became a nullity and unexecutable. This application in Execution Petition No. 1528 of 1987 was dismissed by the Court on 4th of october, 1996.