P.D. KISHORE PAL, S/O. SHRI DAYANANDA PAL Vs. SHRI GEORGE ZACHARIAH, S/O. SHRI T.V. ZACHARIAH AND OTHERS

JUDGEMENT

(1.) MFA 1658/08 is by the 3rd party / cross objectors, questioning the conditions imposed in an order dated 28.11.07 passed on I.A.10 in E.P. No. 1.505/00 by the XIX Addl. City Civil Judge, Bangalore City. MFA 4410/08 is by an auction purchaser questioning the aforesaid order.

(2.) SINCE both the appeals are directed against one and the same order, the appeals were heard together. For convenience, the parties would be referred to with reference to their rank in the execution proceedings.

(3.) THE Plaintiff / decree holder filed E.P.1505/00 against the Defendants / judgment debtors in City Civil Court, Bangalore by obtaining transfer of the said decree. Property bearing No. 246, 24th Main, 5th Cross, N.G.E.F. Layout, Sadananda Nagar, Bangalore -38 which stood in the name of judgment debtor -2 was attached by the Execution Court on 30.6.03. Notice to judgment debtor -1 was not taken and the Execution Petition was dismissed on 19.11.03. Decree holder questioned the order dated 19.11.03 dismissing the Execution Petition in CRP 3524/03. The said petition was dismissed on 20.8.04, with liberty to the decree holder to apply for setting aside the. order dated 19.11.03 before the Execution Court. I.A.1 was filed by the decree holder in E.P. 1505/00. The application was allowed and the order dated 19.11.05 was recalled and the Execution Petition was restored to its original file by an order dated 5.10.04.