1. This revision under Section 115 of the Code of Civil Procedure, 1908 is directed against the order dated 12-09-2007 in Execution Petition no.1355/1997 on the file of 12th Addl. Judge, court of small causes, Bangalore, allowing the application filed under Section 151 C.P.C. filed by the respondent No.2 and rejecting the memo file by the petitioner herein, thereby permitting the respondent No.2 to withdraw Rs.1,50,550/- and allowing the petitioner to withdraw Rs.24,450/-

2. Heard the learned counsel for both sides.

3. The contextual facts are:

The petitioner is the owner of immovable property, which was leased to one Vivek Mehara. He had established an industrial unit, but failed to pay rent as and when it accrued due. It is alleged he committed breach of terms and covenants of the lease consequent to which petitioner initiated eviction proceedings in HRC NO.1577/1994 which on contest was allowed directing eviction of Vivek Mehara – respondent No.1 herein. The decree passed in HRC 1577/1994 was put in execution in E.P. No.1355/1997. Initially warrant for delivery of possession, in terms of the decree, was issued by the trial Court in favour of the petitioner, but it c