LAWS(MPH)-1961-8-4

ANANDRAO VISHNUPANT BAGDARE Vs. MOTILAL PANDURANG MAHAJAN

Decided On August 01, 1961
Anandrao Vishnupant Bagdare Appellant
V/S
Motilal Pandurang Mahajan Respondents

JUDGEMENT

(1.) THE applicant decree -holder Anandrao has filed this revision under Section 115 of the Code of Civil Procedure to revise the order dated 16 -8 -1860 parsed by Civil Judge Class II, Kasarawad, in Execution Case No. 103/60 arising out of civil suit No. 13/57, whereby he held that the non -applicants decree -holders in execution cases Nos. 113/60, 13/60, 102/60 and 109/60 are entitled to reteable distribution under Section 73 of the Code of Civil Procedure.

(2.) THE question for our decision in this case is that when the custody court and the executing court are the same, then which is the exact point of time when assets should be considered to have been received by the executing court within the, meaning of Section 73 of the Code of Civil Procedure so as to entitle the other decree -holders to claim rateable distribution. Counsel, for the parties are agreed that other ingredients of Section 73, are fulfilled in the case and the dispute is only about the time when the assets should be considered to have been, received.

(3.) NEXT day, i.e. on 15 -4 -1960, the applicant decree -holder filed his execution application to recover the said amount of costs from, the judgment -debtor and he prayed therein, that out of Rs. 1983/ - deposited in civil suit No. 13/ 57, the amount of costs bo attached and paid to him. This is execution case No. 103/60.