Aravind Kumar, J.

1. Decree holder in execution petition No. 181/1998 had filed I.A. No. 15 under Order 21 Rule 95 read with Section 151 CPC seeking delivery of possession of schedule property which came to be dismissed by I Addl. Civil Judge (Sr. Dn) & CJM, Shimoga by order dated 08.06.2010 and same is sought for being revised in this revision petition.

2. I have heard the arguments of Sri M. Rudraiah, learned Advocate appearing for petitioner - Decree Holder and Sri Prithvi Wodeyar, learned Advocate appearing for respondent - Judgment Debtor. Parties are referred to as per their rank in Executing Court.

3. Facts in brief leading to the filing of this revision petition are as under:

Decree holder had filed a suit O.S. No. 222/1996 on the file of Civil Judge (Sr. Dn), Shimoga for recovery of a sum of Rs. 1,15,500/- against respondent herein. Said suit came to be decreed on 27.03.1998. Even prior to the suit being decreed, petitioner had obtained an order of attachment before judgment of respondent - judgment debtor's property, which is the subject matter of the execution proceedings.

On account of non payment of decretal amount, petitioner filed an execution petition in Ex. No. 181