CHANDAMMA Vs. SHIVALINGAPPA

JUDGEMENT

(1.) This writ appeal is at the instance of decree holder in execution case 47/2012 on the file of Senior Civil Judge, Sedam. The brief facts necessary for disposal of this writ appeal are as follows:

(2.) Alleging that the judgment debtors interfered with his possession and thus they violated the decree in O.S.70/1992, the appellant initiated execution under Order XXI Rule 32 of Civil Procedure Code ('CPC', for short) and sought for civil imprisonment of the judgment debtors. The executing court dismissed the execution petition as not maintainable by passing an order on 09.10.2017. Aggrieved by the same, the decree holder preferred a writ petition, W.P.208202/2017 before this court and since the said writ petition was dismissed on 27.06.2018, the decree holder has preferred this writ appeal.

(3.) We have heard the arguments of Sri Ameet Kumar Deshpande, the learned advocate appearing for the appellant, and Sri Manvendra Reddy and D.P. Ambekar, learned advocates appearing for the respondents.