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2022 Supreme(Kar) 614

SURAJ GOVINDARAJ
Dada – Appellant
Versus
Appasaheb – Respondent


Advocates appeared:
Ms. Surabhi Ravindra Kulkarni, Advocate, for the Appellant; Sri. Arun P. Bolaj, Advocate, for the Respondent.

ORDER

1. The petitioner is before this Court seeking for the following reliefs:

    a. Issue a writ or direction in the nature of Certiorari quashing the Order dated 23.04.2021 in allowing IA No.2. Consequently, quash the delivery warrant issued in EP No.73/2014 on the file of Principal Senior Civil Judge, Chikkodi, vide Annexure-J.

    b. Issue any other writ or direction which this Hon'ble deems fit to meet the ends of justice.

    2. Brief facts of the case are:

    2.1. The petitioners are Judgment debtors and respondents are decree holders in Execution Petition No.73/2014 pending on the file of the Prl. Senior Civil Judge, Chikodi.

    2.2. The respondents who are plaintiffs had filed a suit against the petitioners in O.S.No.65/2010 before the Senior Civil Judge, Chikodi seeking for a decree of specific performance and a direction to the petitioners herein to execute a sale deed in respect of the suit land as per the agreement of sale dated 29.03.2008.

    2.3. Though the petitioners entered appearance through their counsel, the petitioners allege that due to the mistake on part of the counsel, written statement on behalf of petitioners was not filed, the suit proceeded to trial and the trial Court decreed

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