Karnataka Dharwad Court July 2013 Judgments

Narayansa Vs. Om Sai Corporation, Miraj Taluk

Court: Karnataka Dharwad

Aravind Kumar, J. 1. I have heard Sri. V.R. Datar, Learned Counsel appearing for writ petitioner. The short point that arise for consideration in this writ petition is: Whether the transferee Court in an execution proceedings ceases to have the power to execute the decree transferred to it on account of execution petition being dismissed for any reason whatsoever though it has not forwarded a certificate to the transferor Court as required under Section 41 of C.P.C. 2. Facts in brief leading to the filing of this petition can be crystallized as under: (i) Respondent decree holder having filed a suit for recovery of money due to it in O.S.No.67/2004 obtained a decree and to enjoy the fruits of the decree, execution petition was filed in the Court of Senior Civil Judge, Sangli, (hereinafter referred to as transferor Court) State of Maharashtra. By order of precept, decree came to be transferred to the Court of Senior Civil Judge, Hungund (hereinafter referred to as transferee Court) for ...