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2016 Supreme(Kar) 156

ARAVIND KUMAR
Vasanth Colour Laboratories Pvt. Ltd. – Appellant
Versus
Divya Devi – Respondent


Advocates Appeared:
For the Appellant : S. Shaker Shetty
For the Respondent: H.S. Dwarakanath, Sachin V.R.

ORDER :

Aravind Kumar, J.

1. Judgment debtor in Execution No. 1094/2015 is seeking for quashing of the order dated 15.10.2015 -Annexure-F, whereunder the Executing Court has ordered for issuance of delivery warrant.

2. I have heard the arguments of Sriyuths S Shaker Shetty, learned Advocate appearing for writ petitioner - judgment debtor and H.S. Dwarakanath, learned Advocate appearing for respondent - decree holder.

3. Parties are referred to as per their rank before the Executing Court.

4. Decree holder filed the execution petition in question i.e., Execution Case No. 1094/2015 for the relief of issuance of delivery warrant in respect of the property bearing No. 35-A, situated at Kengal Hanumanthaiah Road, Bengaluru, morefully described in the schedule to the Execution Petition contending inter alia that as per the compromise decree, judgment debtor had not vacated the property and undertaking given has been violated and hence, in order to enjoy the fruits of the compromise decree, execution case as noticed herein above, came to be laid by the decree holder before the City Civil Court, Bengaluru (CCH-9).

5. The Executing Court by order dated 26.05.2015 issued cause notice to the judgme














































































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