GULTUPALLI HANUMAYYA AND OTHERS Vs. RAVELLA VENKATA SUBBAYYA

JUDGEMENT

(1.) The question that calls for decision in this case is whether the Court having territorial jurisdiction over the mortgaged properties could entertain a petition for execution of a decree passed by another Court which ceased to have territorial jurisdiction but which still exists, in the absence of a notification transferring the business or an order under Section 24 or Section 39, C.P.C.

(2.) A decree was passed by the Subordinate Judge's Court, Guntur, against the appellants in O. S. No. 33 of 1961. Subsequently, execution of this decree levied. Sometime later, a Subordinates Judge's Court was established at Narasaraopet and its jurisdiction included the villages in which the properties sought to be proceeded against are situate. Having regard to this fact and notwithstanding the continued existence of the Subordinate Judge's Court at Guntur, the decree-holder filed execution petitions giving rise to this appeal, the judgment-debtors formulated an objection that the Court at Narasaraopet had no jurisdiction to entertain the execution petition, as the Subordinate Judge's Court, Guntur, continued to exist and no notification was issued transferring the business concerning the suit or an order passed under Section 24 or Section 39, C.P.C.

(3.) This plea found favour with the Subordinate Judge's Court, Narsaraopet, with the result that the execution petition was dismissed.