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2017 Supreme(Kar) 395

A.S.BOPANNA
HEMALATHA NAYAK @ VIJAYA LAXMI SHENOY – Appellant
Versus
U. PRABHAKAR NAYAK S/O LATE SRI VITTAPPA NAYAK – Respondent


Advocates Appeared:
For the Petitioners: SRI PRAKASH & SRI JAGADESSH V.N.
For the Respondent: SRI KRISHNAMURTHY G. HASYAGAR.

ORDER :

1. The petitioner is before this Court in this revision petition filed under Section 115 of the Civil Procedure Code (CPC for short), assailing the order dated 02.11.2016 passed by the II Addl. Civil Judge & JMFC Mangaluru, D.K. in Ex. Case No. 132/2016.

2. The respondent No. 2 herein has levied the execution petition in Ex. Case No. 132/2016 against the respondent No. 1 herein for execution of the decree passed in O.S. No. 330/2007. In the said proceedings the petitioner claiming right in respect of the property involved has filed an application under Order XXI Rule 97 to 101 read with Section 151 of CPC in obstruction, to resist the execution of the decree. In that regard, the petitioner herein has claimed to have a share in the decreed property. Reference in that regard was made to the suit filed by her in O.S. No. 339/2005 seeking for partition and separate possession which was decreed. Though the said decree was set aside in R.A. No. 127/2010, the matter is presently pending before this Court in R.S.A. No. 871/2016. In that view, it was contended that the decree passed in O.S. No. 330/2007 cannot be executed against the petitioner herein. The said application in I.A. No.
















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