YARAMATH KHAN Vs. AMIR-UL-UMRA BAHADUR

JUDGEMENT

(1.) This is an appeal against an order allowing execution against the judgment-debtor in O.S. 1310 of 1921 on the file of the District Munsif of Kurnool The District Munsif allowed execution to proceed, overruling the objection raised and the District Judge has confirmed the order.

(2.) It is contended in second appeal that the lower Courts have not complied with the provisions of Order 21, Rule 15(2) and, therefore, their orders are bad.

(3.) There are eleven decree-holders and one judgment-debtor, the 1 defendant, who is the appellant before me. The execution application was put in by four of the decree-holders, the other decree-holders being counter-petitioners, to the application. No objection seems to have been taken by the 1 defendant under Rule 15(2) that execution should not be allowed on an application of some only of the decree-holders. The learned Judge has, therefore, not passed any definite order under Clause (2).