ONKAR RAJARAM WATHODKAR Vs. RAMNARAYAN KHATOD

JUDGEMENT

(1.) This revision application is filed by the original judgment-debtor Onkar Rajaram against the order dated 4-4-1973 passed by the Civil Judge, Senior Division, Amravati in Special Execution Case No. 250/1973 still pending on his file rejecting his objection to the execution proceedings.

(2.) The non-applicant, decree-holder having obtained an award from the Officer on Special Duty Co-operative Department, Ahmednagar in Arbitration Case No. SR/AB/N/484 on 27-11-1970 in respect of transaction entered into with the Amravati Central Co-operative Consumers Wholesale and Retail Stores Ltd., Amravati, wanted to have the amount under the award recovered through execution proceedings as against the applicant who at the re levant time was the VicePresident of the said society. He obtained a certificate from the Registrar and filed Darkhast proceedings before the Civil Judge, Senior Division, Amravati for recovery of the amount under the award.

(3.) The applicant objected to the said Darkhast on the ground that the decree-holder should have filed the execution application in Ahmednagar Court and then got it transferred to Amravati Court as per provisions contained in Sections 38 and 39, Civil Procedure Code vide his application Ex. 10 which was rejected by the Civil Judge, Senior Division, Amravati and he ordered the Darkhast to proceed vide his order dated 4-4-1978. This order is challenged in this revision application.