Skip to content


Muttalagiri Nayak Vs. Muttayyar and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad357
AppellantMuttalagiri Nayak
RespondentMuttayyar and ors.
Cases Referred and Krishnashankar v. Chandmshankar I.L.R.
Excerpt:
civil procedure code, section 285, section 895. - .....courts in gopeenath acharje v. achcha bibee i.l.r. 7 cal. 553 jetha madhavji v. najeralli abhramji i.l.r. 4 bom. 472 and krishnashankar v. chandmshankar i.l.r. 5 bom. 198 that, when a person desires to share in the assets realized by a sale in execution, he must apply to the court in which those assets are held for execution of his decree. when it is found that property attached by a munsif's court is already, or thereafter becomes, subject to an attachment issued from a superior court, the decree-holder must apply to the district court to transfer his application to the higher court if he desires to secure the application of the attached property and its proceeds to the satisfaction of his decree.2. we affirm the order of the court below, and dismiss this application, but without.....
Judgment:

Charles A. Turner, Kt., C.J.

1. We agree with the rulings of the learned Judges of the Calcutta and Bombay High Courts in Gopeenath Acharje v. Achcha Bibee I.L.R. 7 Cal. 553 Jetha Madhavji v. Najeralli Abhramji I.L.R. 4 Bom. 472 and Krishnashankar v. Chandmshankar I.L.R. 5 Bom. 198 that, when a person desires to share in the assets realized by a sale in execution, he must apply to the Court in which those assets are held for execution of his decree. When it is found that property attached by a Munsif's Court is already, or thereafter becomes, subject to an attachment issued from a superior Court, the decree-holder must apply to the District Court to transfer his application to the higher Court if he desires to secure the application of the attached property and its proceeds to the satisfaction of his decree.

2. We affirm the order of the Court below, and dismiss this application, but without costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //