This Writ petition by the judgment debtor whose personal freedom and liberty is in jeopardy on account of a warrant issued against him for being arrested for non payment of the amount due under the decree dated 31.3.2003 is knocking at the doors of this Court questioning the correctness and legality for the order dated 05.03.2007 passed in Execution Petition No.1118/2005 by the 15th Addl. City Civil and Sessions Judge. Bangalore City (CCCH-3) by raising several contentions.

2. The facts leading to the filing of this petition are as follows:

(i) respondents herein instituted a suit in O.S.No.2317/86 for a judgment and decree for O.S.No.2317/86 for a judgment and decree for recovery of money and for charge on the suit schedule property and other reliefs. During the pendency of suit, the petitioner’s father who had been arrayed as 2nd defendant died on 9-7-1993 and the legal representatives of the deceased 2nd defendant had been brought on record. Petitioner herein has been arrayed as defendant No.2(a).

(ii) The said suit on contest came to be decreed vide judgment and decree dated 31.3.2003. In order to execute the said decree, the plaintiff i.e., the respondent herein ins