KOLOR SYAMA RAJU Vs. VENKATESHWARA MAHAL REGD

JUDGEMENT

(1.) This CMSA is filed against the judgment, dated 28.7.2004, rendered by the learned Additional District Judge, Madanapalle, in CMA No. 14 of 2003. The CMA, in turn, was filed against the order in E.A.No.36 of 2001, dated 19.2.2003, passed by the Court of Senior Civil Judge, Punganur, in E.P.No.5 of 2001 in O.S.No.21 of 2000.

(2.) The appellant filed the suit against one Pindukuri L.Manohar, for recovery of certain amount, on the basis of a promissory note dated 29.9.1997, in the Court of Senior Civil Judge, Punganur. The subject matter of the suit was settled, through an award, passed by the Lok Adalat on 17.3.2001. The appellant filed E.P.No.5 of 2001, and obtained attachment of the alleged share of the judgment debtor on 16.5.2001. The respondents herein, a third party to the decree, filed E.A.No.36 of 2001, under Rule 58 of Order XXI C.P.C., to raise the attachment. The respondents pleaded that the judgment debtor and themselves were partners of two firms, by name Sri Venkateswara Mahal (cinema theatre) and Sri Sai Baba Rice Mill, constituted in the year 1963. It is stated that on account of the differences that arose among the partners, the judgment debtor and his wife retired from Venkateswara Mahal, with effect from 25.10.1999, and the respondents, in turn, retired from Sri Sai Baba Rice Mill. It was alleged that the amount borrowed by the judgment debtor was not for the benefit of the theatre (hereinafter referred to as the firm), and that even by the time the suit came to be filed, he ceased to be a partner of the firm. Several facts were pleaded in detail, touching on the inter se arrangements and disputes among the judgment debtor and the respondents herein.

(3.) The appellant opposed the claim petition of the respondent. The judgment debtor, who figured as respondent No.2 in the E.A., remained ex parte. The executing court allowed the E.A.No.36 of 2001, and the appeal filed against it was dismissed.