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2021 Supreme(Kar) 890

N.S.SANJAY GOWDA
Leelavathi – Appellant
Versus
C. S. Lalitha – Respondent


JUDGMENT :

1. This revision has been preferred against an order passed by the Small Causes Court allowing an application filed under Order XXI Rule 99 CPC by the objector/1st respondent herein thereby ordering restoration of possession of the 1st respondent/objector in Ex.1315/2015 (arising out of an order of eviction passed in S.C.No.314/2015). By the said order, costs of Rs.10,000.00 has also been imposed against the petitioner.

2. By the same order, a compromise decree passed in the eviction suit filed by the petitioner based on which the execution had been filed by the petitioner herein, has also been set aside.

3. Ultimately, a positive direction has been issued to direct the decree holder/petitioner herein to restore physical possession of the execution petition schedule property to the objector/1st respondent herein within one month.

4. The facts, which are not in dispute, are as follows:

    4.1 On 8/7/2004, by way of a Sale Deed executed by Nagaraju, the GPA holder of Siddappa and Rajanna, site Nos.53 and 54 were sold to the petitioner herein.

4.2 On 17/3/2006, site Nos.42, 53 and 54 were sold by Siddappa and Rajanna directly in favour of the 1st respondent herein C.S.Lalitha.

4.3 In

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