HARI MOHAN BEHERA Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Judgment-debtor No.3 in Execution Petition No. 18 of 1992 in respect of a decree passed in Money Suit No. 1 of 1983/18 of 1973 - BSJC passed by the then Addl. Subordinate Judge. Berhampur seeks to assail the order dated 29-7-2004 passed by the Civil Judge (SD), Aska in I.A. No. 58 of 2003 arising out of the aforesaid Execution Petition. By the aforesaid order the executing Court has rejected a petition filed by the petitioner J. Dr. No.3 under Section 47 read with Section 151, CPC.

(2.) Admittedly M/s. Utkal Watch & Radio Stores Pvt. Ltd.. defendant No. 1 in the aforesaid Money Suit, through its persons in management had availed certain loans from the plaintiff-State Bank of India, Berhampur Branch. The said loans having not been repaid in time, the aforesaid Money Suit was filed for realization of the dues of the Bank. The suit was decreed for Rs. 2,81,266.87 ex parte against defendants 1 to 5 and 9 and on contest against defendants 6 to 8. The said decree attained finality no appeal having been preferred against that. In the year 1992, the Bank filed the aforesaid Execution Proceeding for execution of the decree. During pendency of the Execution Proceeding, in consonance with an order passed on 5-7-2002 by the Court below, the properties of the judgment-debtors were put to auction and the Execution Proceeding continued for realization of the balance decretal dues.

(3.) While matter stood thus, the aforesaid I. A. was filed by the present petitioner J. Dr. No. 3 challenging the maintainability of the Execution Proceeding. He prayed to dismiss the said Execution Proceeding, enquire into the matter afresh and award damages in his favour for the loss caused to him. His main contention was that the properties pledged with the Bank having not been put to auction for quite a long stretch of time, there was depreciation of the value thereof and consequently he is made to suffer.