DAYANANDA Vs. SESU GOWDA

JUDGEMENT

(1.) The petitioners who are the decree holders in E.P. No. 41/2003 on the file of Principal Civil Judge and JMFC, Karkala, have filed this writ petition challenging the order dtd. 16/6/2015 by which the Executing Court partly allowed the application filed by them under Order XXVI Rule 9 of Code of Civil Procedure and rejected the request of the decree holders to execute the decree as per the sketches at Ex.C.6 and Ex.C.7.

(2.) The suit in O.S. No. 323/1999 was filed for recovery of possession of plaint 'A' schedule property. The said suit was decreed and the defendant was directed to deliver possession of A schedule property which is described below: Immovable property situate at Kanthawara village, Karkala taluk. <IMG>JUDGEMENT_1469_LAWS(KAR)9_2022_1.JPG</IMG>

(3.) An appeal was filed in R.A. No. 101/2006 before the first appellate Court by the defendant which was dismissed and the cross-objections filed by the plaintiff against the findings recorded on issue Nos. 2, 3, 4 and 7 were modified and were answered in favour of the plaintiff. It is stated, that R.S.A. No. 1244/2022 is pending consideration before this Court.