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2022 Supreme(Kar) 1313

R. NATARAJ
Dayananda – Appellant
Versus
Sesu Gowda – Respondent


Advocates appeared:
H.Jayakara Shetty, Advocate, V.R.Prasanna, Advocate

JUDGMENT

1. The petitioners who are the decree holders in E.P. No. 41/2003 on the file of Principal Civil Judge and JMFC, Karkala, have filed this writ petition challenging the order dtd. 16/6/2015 by which the Executing Court partly allowed the application filed by them under Order XXVI Rule 9 of Code of Civil Procedure and rejected the request of the decree holders to execute the decree as per the sketches at Ex.C.6 and Ex.C.7.

2. The suit in O.S. No. 323/1999 was filed for recovery of possession of plaint 'A' schedule property. The said suit was decreed and the defendant was directed to deliver possession of A schedule property which is described below:

    Immovable property situate at Kanthawara village, Karkala taluk.

S. No.

S.D. No.

Kissam

Extent

Assessment

228

11A2

Punja

1-60

0-96

 

Boundaries:

East

Survey line or S.No. 172

West

S.D. line or S. No. 172/11B

South

S.D. Line or S. No. 172/11A

North

Survey line or S. No. 172

3. An appeal was filed in R.A. No. 101/2006 before the first appellate Court by the defendant which was dismissed and the

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