CHANBASAPPA NAGAPPA HAVERI Vs. HOLIBASAPPA BASAPPA MOTIBENNUR

JUDGEMENT

(1.) This appeal raises an interesting point which does not seem to be covered by any distinct authority. The facts are somewhat confusing.-One Basappa Murgeppa filed a suit against Chanbasappa and another in the Haveri Court, in the Dharwar District, in which the High Court passed a decree on April 2, 1914, directing that the plaintiff should recover from the defendant a certain sum of money and costs. That decree was transferred by the Haveri Court to the Hubli Court for execution. A Darkhast was taken out on September 2, 1914, but before execution proceedings could go any further the decree was attached by a creditor Murgeppa who had obtained a decree against Basappa in the Haveri Court on April 7, 1916. On August 8, 1916, the Darkhast in the Haveri Court was disposed of as the plaintiff did not apply for transfer of execution to the Hubli Court as directed. But although the Darkhast was disposed of the Haveri Court seems to have been of opinion that its attachment on the decree in the previous suit, which was then resting in the Hubli Court, continued.

(2.) On July 4, 1917, the Hubli Court wrote to the Haveri Court asking to be informed what had happened to the attachment, and on July 10, 1917, the Haveri Court wrote to the Hubli Court that the attachment still continued, and that the amount of the decree should be payable to the decree-holder of the Haveri Court. On receipt of this reply the Hubli Court disposed of the Darkhast on July 13, 1917.

(3.) Nothing further was done and the decree remained in the Hubli Court; until January 21, 1921, when Murgeppa, the holder of the decree in the Haveri Court, informed the Haveri Court that his debt was satisfied and his attachment should be removed, and accordingly the Haveri Court removed the attachment on January 21, 1921, and informed the Hubli Court accordingly.