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2013 Supreme(Kar) 1399

A.N.VENUGOPALA GOWDA
Laxmawwa – Appellant
Versus
Ittappa – Respondent


Advocates Appeared:
For The Appellant : Santosh B. Mane, Adv.
For The Respondent: Suresh P. Hudedagaddi, Adv.

ORDER

A.N. Venugopal Gowda, J.

1. Challenge in this writ petition is to an order passed by the Civil Judge (Jr.Dn.), Bilagi, closing Execution Case No. 28/2006, by construing a communication bearing No. ADMN-3207/22/2009 dated 06.07.2009 of the District Court, as if the same was a direction by the High Court.

2. Factual background needs to be noted in brief.

O.S. No. 229/2001 filed by Yenkappa, the predecessor of petitioners, against Ittappa, the predecessor of respondents, was decreed on 05.02.2004. A decree for specific performance of the contract was passed. To execute the said decree, petitioners filed E.P. No. 28/2006. An application filed under Order 21 Rule 34 r/w S. 151 of CPC was allowed on 31.07.2008 and a Court Commissioner was appointed to execute a registered sale deed on behalf of the Court. Before receipt of the report in the matter of execution of commission warrant, the execution case was closed on 21.07.2009. The said order passed being cryptic is extracted below:

"Case advanced, as per directions of the Hon'ble District Court, Bagalkot, under Ltr. No. ADMN.3207/22/2009 dated 06-07-2009. Heard on both sides. E.P. is closed for time being. Office is ordered to return th






































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