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Krishnappa Holla and anr. Vs. Savitri - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1898)8MLJ91
AppellantKrishnappa Holla and anr.
RespondentSavitri
Excerpt:
- 1. the courts below were wrong in supposing that the decree was passed in favour of one plaintiff only. on referring to the original decree, we find it was in favour of the plaintiffs. but any one of the plaintiffs may under section 231-c of the civil procedure code apply for execution subject to the rights of the other plaintiffs being protected by order of the court. none of the other plaintiffs has objected to the execution having been granted to the respondent. it is not for the judgment-debtors (appellants) to object. if any arrangement has been come to between them and any of the plaintiffs, that arrangement cannot be recognized by the court as it has not been duly certified. we dismiss the appeal with costs.
Judgment:

1. The Courts below were wrong in supposing that the decree was passed in favour of one plaintiff only. On referring to the original decree, we find it was in favour of the plaintiffs. But any one of the plaintiffs may under Section 231-c of the Civil Procedure Code apply for execution subject to the rights of the other plaintiffs being protected by order of the Court. None of the other plaintiffs has objected to the execution having been granted to the respondent. It is not for the judgment-debtors (appellants) to object. If any arrangement has been come to between them and any of the plaintiffs, that arrangement cannot be recognized by the Court as it has not been duly certified. We dismiss the appeal with costs.


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