Venugopala Gowda, J.

In this writ petition, legality of the order dated 01.02.2005 passed in Execution Petition No. 18/2002 by the learned Civil Judge (Jr. Division), Chintamani has been questioned by the decree holder/ petitioner. Respondents 2 to 9 are the judgment debtors. Respondent No.1 had filed IA No.6 under Order 21, Rule 97 of CPC in the execution case to adjudicate his right to the suit property by holding an enquiry.

2. Brief facts necessary for consideration and disposal of this writ petition, as could be gathered from the record are:

Petitioner had instituted O.S.No.113/1987 in the Court of the then Munsiff, at Chintamani, for decree of permanent injunction against respondent Nos.2 to 9, which was decreed on 25.03.1995. The said decree was questioned in RA No.13/1995 ,which after hearing was dismissed on 07.12.2001. Petitioner has filed Execution No.18/2002 to take action against respondents 2 to 9, alleging willful disobedience even after the decree for permanent injunction was passed against them. In the execution case, 1st respondent herein has filed IA No.6 under Order 21, Rule 97 to hold an enquiry and adjudicate his right. Since the Executing Court had post