SUBRAMANIA IYER Vs. RAJANUNNI NAIR

JUDGEMENT

(1.) Decree holders are the revision petitioners. The three revision petitions are against three orders dismissing execution petitions in three cases. All are money decrees.

(2.) OS No. 26/65 is a suit for partition of the assets of the tarwad of the judgment debtors in the aforesaid three cases. In that case a preliminary decree for partition was passed. The matter is now pending in final decree proceedings. In that case a receiver was appointed by the court and the assets of the tarwad are in the possession and management of the said receiver. Out of the assets belonging to the tarwad amounts in deposit before Land Tribunals are also included.

(3.) In the aforesaid three execution petitions the decree holders sought attachment of the amounts in deposit in the Special Land Tribunal, Vadakkancerry to the credit of the judgment debtors who are parties to OS 26 of 1965. The judgment debtors did not contest the execution petitions. The Advocate-receiver, what was impleaded in execution, alone contested. Accepting his contentions the execution court dismissed the execution petitions on three grounds, namely (1) sanction of the court which appointed the receiver was not applied for or obtained in order to proceed against him for realisation of the amount (2) the share to which the judgment debtors are entitled is not specified in the execution petitions and (3) the case number in the Land Tribunal to the credit of which the amounts are lying in deposit is also not mentioned. These are the orders against which the three revision petitions are filed.