GOPALKRISHNA KAMMATH Vs. R BHASKAR RAO

JUDGEMENT

(1.) The Second defendant (one of the judgment debtors) is the revision petitioner.

(2.) The petitioner filed E. A. 404 of 1986 complaining to the execution court that while delivering the property in execution of the decree obtained by the respondent, certain movables belonging to him were also delivered wrongly and therefore he is entitled to have them delivered back to him. The executing court dismissed the application. Relevant portion of the order reads:-

(3.) That the movables described in the report of the amin have been delivered to the respondent decree holder in execution of the decree, is beyond challenge. That the decree did not permit delivery of these movables is beyond dispute. The question therefore is whether the movables delivered to the decree holder in execution of the decree can be said to be delivered "in excess of the decree". If the delivery is found to be in excess of the decree, the petition is maintainable under S.47 C.P.C. because it relates to the execution, discharge and satisfaction of the decree.