STATE BANK OF SAURASHTRA Vs. NATHUBHA MANUBHA

JUDGEMENT

(1.) THE present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the applicant herein ' original plaintiff ' judgement creditor to quash and set aside the impugned order dated 15/06/2001 passed by learned Joint Civil Judge (S.D), Bhavnagar i.e. learned Executing Court in Execution Petition No.38 of 1989, by which, learned Executing Court has disposed of the said Execution Petition considering the report made by bailiff and endorsement that the original defendant judgement debtor has agreed to pay Rs.1,500/- at the time of execution of the Jangam warrant and has agreed to pay further a sum of Rs.10,000/- on the subsequent date.

(2.) IT appears that there was judgement and decree passed by learned Civil Court against the respondents herein - original defendants for a sum of Rs.1,87,382.34 ps., which was sought to be executed by the applicant herein original judgement creditor by way of filing Execution Petition No.38 of 1989. IT appears that learned Executing Court has issued Jangam Warrant and the bailiff went to execute the same and in fact Jangam warrant was served upon respondent No.1 herein on 22/05/2001 and at that time respondent No.1 has agreed to pay Rs.1,500/- on the spot and has agreed to pay a sum of Rs.10,000/- on 01/06/2001 to avoid further consequences of the service of Jangam Warrant. The bailiff made report on 01/06/2001 pointing out the aforesaid facts and unfortunately though the decree was not satisfied at all, learned Executing Court has dismissed the aforesaid Execution Petition as entire decree has been satisfied.

(3.) MR.P.N.Bavishi, learned advocate appearing on behalf of respondent No.1 has chosen to remain absent.