1. This writ petition is filed by the judgment debtor/appellant challenging the correctness of the order passed by the Senior Civil Judge & JMFC at Doddaballapura in R.A.(Ex) No.45/12 dated 17.11.2012 wherein I.A.No.2 filed by the petitioner under Order 41 Rule 5 read with Section 151 CPC was rejected.

2. The brief facts of the case are:

The petitioner herein had entered into an agreement to sell the standing eucalyptus trees on the land bearing Sy.No.122/2 measuring 1 acre 36 guntas situated at Thimmasandra Village, Kasaba Hobli, Doddaballapur Taluk in favour of respondent no.2 for a sum of Rs.15,000/-. Pursuant to the said agreement, there arose a dispute between the petitioner and the 2nd respondent as regards cutting and removing of the standing trees. The respondent no.2 on the basis of the agreement dated 8.12.1987 filed suit in O.S.No.162/99 for an order of perpetual injunction restraining the petitioner herein from obstructing the cutting and removing of the standing eucalyptus trees on the subject property. The said suit came to be ended in a compromise and decreed on 14.2.2001. However, the dispute between the petitioner and the 2nd respondent was not resolved. Ac