SABULAL Vs. KUNNAMMA

JUDGEMENT

(1.) THIS is a judgment-debtor's revision petition. The judgment-debtor-Sabulal has filed this revision petition against the order dated 2-1-1995, passed by the Principal Civil Judge, Bangalore Rural District, Bangalore in M. A. No. 61 of 1993 (Annexure-D) dismissing the appeal filed by the petitioner-Sabulal against the order passed by the Munsiff, Anekal dated 30-3-1993 (Annexure-C ). During the pendency of this revision, the petitioner-Sabulal died and his legal heirs have come on record as petitioners 1 to 7.

(2.) THE facts of this case, very briefly, are as follows: the respondents 1 to 6 had filed a suit in S. C. No. 1269 of 1985 against the petitioner for recovery of Rs. 5,141. 20 paise. The said suit was decreed by the Trial Court. The respondents 1 to 6 had filed Ex. P. No. 5 of 1986 before the Munsiff Court, Anekal.

(3.) IT is submitted that while settlement negotiations were going on in the execution proceedings, the Trial Court attached the immovable property of Sabulal (deceased petitioner) and auctioned the property. Later, the auction purchaser (respondent 8 in this petition) had filed a memo on 19-1-1991 as per Annexure-B withdrawing his claim on the property.