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1986 Supreme(Kar) 111

N.VENKATACHALA
SHIVAMURTHY MAHALINGAPPA KUCHANAUR – Appellant
Versus
DANNAMMADEVI CYCLE MART, RABAKAVI – Respondent


N. VENKATACHALA, J.

( 1 ) BY consent of learned Counsel, this revision petition is treated as having been posted for hearing and I have heard them.

( 2 ) IN this revision petition under S. 115 of the Code of Civil Procedure, 1908 (for short 'the Code'), the scope and ambit of R. 32 (1) of O. XXI of the Code, arise for decision.

( 3 ) SHIVAMURTHY Mahalingappa Kuchanaur, the petitioner here, was the defendant in O. S. No. 120/84, on the file of the Court of Munsiff at Banahatti, while the Dannammadevi Cycle Mart represented by its owner Basetteppa Shivarudrappa Sanakal, the respondent here, was the plaintiff therein. That suit had been instituted to restrain the defendant by means of perpetual injunction, from interfering with the plaintiff's alleged possession and enjoyment of a shop premises, C. T. S. No. 1391, situated at Rabakavi and an ex parte decree therein had come to be made on 30-4-1984 accordingly. The plaintiff, as decree-holder, sought to execute that decree against the defendant-judgement-debtor in Execution Case No. 14/85 filed in the same Court. In that execution case, the decree-holder filed an interlocutory application, I. A. I. , under R. 32 (1) of O. XXI of the Cod









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