...Judgment-Debtor-1 and another for recovery of money. Judgment-Debtor-1 contended that he was a small farmer and a person belonging to the weaker sections of the people within the meaning ...Kulkarni, J.:—This is a revision by the decree holder against the order dated 2-9-1980 passed by the Munsiff, Sirsi, in Execution Case No. 30 of 1978 holding that judgment...Karnataka Debt Relief Act and thus the decree debt stood wiped out.3. The lower Court held that Judgment-Debtor-1 was not a person belonging to the weaker sections of...

..... 11. Warrants of possession and attachment could not be executed due to callous conduct of judgment debtors. Only Judgment Debtor No.I was appearing in.... But the court is of opinion that it may further linger on the case because the court has to waste its precious time for recovery of cost from the judgment debtors while issuing...100 and 151 of the CPC, seeks to challenge the impugned order dated 06.05.2023, whereby, the first Appellate Court dismissed the appeal preferred by the appellant/judgment-debtor against an order dated...

...by Smt. K.M. Praveena for recovery of money. By a judgment dated 24.07.2014, learned Senior Civil Judge at Srikalahasti decreed the suit. 2. Aggrieved by it, the...2023 in/and APPEAL SUIT NO. 508 OF 2014 JUDGMENT: 1. O.S.No.50 of 2011 is a suit filed...petition signed by both parties and learned counsel are place on record. 5. The substance is that the matter was settled out of Court for Rs.11 lakhs and the appellant/judgment...

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...executed any pronote. Both these suits were tried together and disposed of by a common judgment dated 31-1-1990. The suit filed by Harnak Singh for recovery of money was dismissed (Civil Suit No. 463 ...registration fee, is void on the ground of public policy.4. So far as the suit filed by Harnak Singh for recovery of money is concerned, the Lower Appellate Court affirmed the...findings of the trial Judge and confirmed the dismissal of the suit for recovery of the money on the basis of the alleged pronote. Thus the Lower Appellate Court ultimately dismissed both the suit...

...to as ‘the decree-holder’). Since the judgment-debtor failed to deposit the money as agreed to between the parties, decree-holder filed a suit for the recovery of the money from the judgment-debto...judgment-debtor filed his objections. One of the objections taken was that the decree-holder Bank could not claim interest at more than 6% per annum under Section 34, Code of Civil...the objection of the judgment-debtor on the ground that the Executing Court cannot go behind the decree and the decree-holder would be liable to pay the decretal amount.3. It was further...

...The Judgment of the Court was as follows:—This appeal arises out of proceedings in execution of a decree.It appears that the Plaintiff decree-holder brought a suit for ...the judgment-debtor and sought to attach some of his properties before judgment. Thereupon the parties came to terms and it was agreed that the...amount claimed would be paid in certain instalments by the judgment-debtor and that on default the Plaintiff would be entitled to realise the same from the movable and immovable properties of the...

...: The 1strespondent herein had obtained a decree against the petitioner herein and other respondents for recovery of money by way of a judgment and order dated...26.04.2019 in O.S.No.137 of 2010 in the Court of Learned Senior Civil Judge, Tanuku. Subsequently, E.P.No.46 of 2019 was filed by the 1strespondent for recovery of the aforesaid amounts. In the...process of recovery, the house of the petitioner herein was sought to be put up for sale and the same was allowed by the Executing Court by an order dated 28.02.2023. 2...

...dismissed in its entirety and the decree for recovery of money that was made in favour of the plaintiff by the trial court was set aside. It is against this judgment that the plaintiff has come up on appea...balance of consideration money amounting to Rs 4000 was paid by the plaintiff. The second party defendants, however, went back on their promise and did not execute the conveyance in favour of the...they never agreed to sell their house at Gaya to the plaintiff, and the story of a contract of sale as set up by the plaintiff was entirely false. They admitted that they were in need of money and hence...

...litigation on issue of recovery of money in terms of the Rent Tribunal's judgment dated 18.12.2013 as upheld by the Appellate Rent Tribunal's judgment dated 14.07.2014, may be, if advised...Alok Sharma, J.:— In the course of hearing of the petition, it has transpired that pursuant to the judgment of the Rent Tribunal passed on 18.12.2013 directing the tenant's eviction as...upheld by the Appellate Rent Tribunal's judgment of the tenanted premises has been taken by the landlord through the sale amin of the Court on 27.07.20152...

...seeking recovery of money based on the judgment and decree dated 28/10/2010 of the Superior Court of New Jersey, Chancery Division. The Family Court after considering the matter had observed that,...view of S. 13 of the Code of Civil Procedure, the judgment of the foreign court was not conclusive in order to invoke the jurisdiction of the Family Court and therefore no decree can be passed...enforcing the said judgment. Paragraphs 34 and 35 are relevant, which reads as under:—“34. As we have seen Ext. P1 to P3 judgments cannot stand the test of Section 13 CPC. Even if it is...

...1. These are two revisions by the legal representative of the judgment-debtor against whom execution petitions were filed for recovery of money.2. Judgment-debtor died...judgment-debtor to pay the amount. It is only the property of the deceased, that has come to their hands, that is being proceeded against for the recovery of the amount. Therefore, it cannot be said that...of law came up for discussion before this Court in Civil revision petition 3023 of 1979. This Court held in the said case that it was not open to the legal representatives of the deceased judgment...

...Banks and ECGC were also impleaded by an amendment in the said suit. Respondent 1 filed a suit for recovery of certain sum of money with certain other reliefs and in that suit, application for judgment upo...suit for recovery of certain sums of money and an application made therein under Chapter XIII-A of the Original Side Rules and the High Court of Calcutta rejected the same and Respondents 1 and 3...S. Rajendra Babu, J.— This petition is filed against the judgment passed by the High Court of Calcutta affirming a decree passed by the learned Single Judge of the High Court...

...herein filed Money Suit No. 13 of 1974 before the Subordinate Judge's Court, Biharsharif. On 26-3-1974, the plaintiff obtained an order of attachment before judgment in respect of certain properties ...Bansropan Singh v. Emperor AIR 1937 Pat 603 the warrant of arrest was issued by the Munsif of Kohima for arresting a judgment-debtor for recovery...of money. As the judgment-debtor was evading arrest, the civil court peon along with three police constables approached the house of the judgment-debtor and the peon informed that he had a warrant ...

...against the first respondent for recovery of money. Pending suit, the property of the judgment debtor was attached. The suit was decreed on 06.10.20053. Based on the decree, the second...30.08.2012, he is not able to take possession of the property, still the application filed by the judgment debtor is pending, which causes mental agony to the petitioner.7. Considering the...PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure with a prayer to direct the learned Subordinate Judge at Mettur to dispose...

...respondent has obtained a decree for recovery of money from the petitioner and other judgment debtors. Grievance of the petitioner is that though the second respondent who is the principal debtor is posses...JUDGMENTThe petitioner is a surety - judgment debtor in E.P No. 246 of 2009 in O.S No. 154 of 2002 of the Additional Sub Court, Kottayam.2. The first...against all or any of the judgment debtors including the surety. Hence no direction could be granted. However, it is open to the petitioner to request the executing court to consider the objection of...

...1. This is a second appeal in execution proceedings. 2. Ganpat Lal Mahajan had a decree against one Ambalal Brahmin for recovery of money. Ambalal judgment-debtor died...not executed against him. The parties led evidence, and the Civil Judge, Gangapur, held by Judgment of 24th November 1949, that Dhool Chand had failed to prove that he had been adopted to Ganpat Lal...be held to be a legal representative of the deceased Judgment-debtor, he should be shown to have been in possession of the property left by the deceased. 4. In my opinion the...

...though a resident outside India can file a suit for recovery of money, without the prior permission of the Reserve Bank or the Central Government, as the case may be, he should necessarily obtain such permission be..., is going to be the executing court. Undoubtedly, the decree-holder cannot take steps to proceed against either the person or the property of the judgment debtor for the recovery of the money under the ...… …”The contention of the learned counsel for the judgment debtors appellants is that reading Ss. 5 and 21 of the Act, though a suit for money may be filed in any court in India by a...

...initiation of recovery under the U.P. Public Money (Recovery of Dues) Act, 1972 would be impermissible. Reliance is placed upon the Full Bench judgment of this Court in...learned counsel for the petitioner and Sri Sandeep Kumar Singh, learned counsel for the bank. Recovery citation is challenged on the ground that in respect of the commercial loan in question...enforce the recovery and shall instead proceed under the provisions of SARFAESI Act, 2002. In view of the stand so taken by the respondent-bank the recovery citation dated 16.12.2024 stands...

...respondent herein for recovery of money. Pending suit, he filed an application of attachment before judgment and counter was filed. The said petition was allowed directing the defendant to furnish security...furnish sufficient security to the suit amounts or to attach the petition mentioned properties of the petitioner herein before judgment, pending suit.2. It was a suit filed by the.... The learned counsel for the petitioner would urge that all the allegations made by the respondent are bald and do not warrant of any attachment before judgment. The lower Court has exercised its...