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2022 Supreme(Kar) 1262

S. VISHWAJITH SHETTY
GSSS Credit Co-operative Society Limited – Appellant
Versus
Ashok Shivraj Goni – Respondent


Advocates appeared:
Santhosh S.Gogi, Advocate, K.R.Krishna Murthy, Advocate, K.Rama Bhat, Advocate

JUDGMENT

1. These two writ petitions arise out of the order passed in Ex.C.No.2637/2018 pending on the file of Additional City Civil and Sessions Judge, Bengaluru (CCH-67) and therefore they are heard together and disposed of by a common order with the consent of the learned counsel appearing for the parties.

2. Facts leading to filing of these two petitions narrated in brief are, the petitioner in W.P.No.19363/2019 had filed Ex.C.No.2367/2018 before the Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as execution Court) to execute the award dtd. 6/12/2016 passed by the Deputy Registrar, Cooperative Societies, Chamrajpet, Bengaluru against respondents no.1 and 2 herein.

3. In the said proceedings the third respondent who is the wife of the first respondent herein had filed two separate applications under Order 21 Rule 59 read with Sec. 151 of CPC and under Order 21 Rule 97 and 98 read with Sec. 151 of CPC. The said applications were opposed by the decree holder/petitioner herein. However, executing Court had allowed the application filed under Order 21 Rule 59 read with 151 of CPC and proceeded to hold an enquiry on the applications filed by respondent n

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