ORDER :

This writ petition is directed against the impugned order passed on I.A. No. 12 dated 01.12.2016 in E.P. No. 18/2012 on the file of the Civil Judge, Haliyal whereby the said application filed by the respondent-judgment debtor under Order 21 Rule 29 CPC seeking stay of further proceedings in the execution petition till disposal of O.S. No. 22/2016 pending on the file of the Sr. Civil Judge, Yallapur sitting at Haliyal, was allowed by the executing Court.

2. The brief facts giving rise to the present writ petition are as follows:

The petitioners herein instituted a suit in O.S. No. 3/1971 against the respondent herein for possession, mesne profits and other reliefs before the Civil Judge, karwar. The said suit was subsequently transferred to the Court of Civil Judge, Haliyal (trial Court) and re-numbered as O.S. No. 79/2003. By judgment and decree dated 07.09.2006, the trial Court decreed the suit in favour of the petitioners against the respondents, thereby directing the respondents to hand over possession of the suit ‘A’ schedule property to the petitioners within a period of three months and granted mesne profits in their favour.

Aggrieved by the said judgment and decree passe