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2011 Supreme(Kar) 562

JAWAD RAHIM
U. Sadananda Udupa – Appellant
Versus
T. Kusuma Shedthi – Respondent


Advocates appeared:
For the Petitioner:S.P. Shankar, Senior Counsel, B.V. Krishna, Advocate.
For the Respondent:A. Ananda Shetty, Advocate.

Judgment :-

1. Revision u/s.115 of CPC is directed against the order on I.A.No.1 dated 08.08.2011 in Ex.Case No.14/2011 to stay further proceeding in execution of the decree dated 14.03.2006 and modified award dated 21.02.2009 in O.S.No.96/2003.

2. Petition is listed for admission after notice to the contesting respondent who has entered appearance and is represented by learned counsel Sri.A.Anand Shetty.

3. Heard Sri.S.P.Shankar, Senior designated counsel for the petitioner and learned counsel Sri.A.Anand Shetty for the respondent.

4. From what learned counsel have adverted to and on perusal of the records, it is manifest the respondent Kusuma Shedthi filed execution to execute the decree dated 14.03.2006 in O.S.No.96/2003 as modified subsequently by order dated 21.02.2009 in Lok Adalath by consent of parties. The petitioner was the Judgment Debtor who on receipt of the cause notice filed I.A.No.I invoking Rule 29 of Order XXI of the CPC seeking stay of all further proceedings pending disposal of suit in O.S.No.11/2011 purported to have been filed by him seeking declaration to declare that he is entitled to continue in possession of the schedule premises in terms of the fresh le





























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