IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.R.Krishna Kumar, C.M.Poonacha
Gujjal Raghavendra S/O. V.G. Hanumanthappa – Appellant
Versus
K. Gulam Rasool S/O. Basha Sab – Respondent
JUDGMENT :
S.R. KRISHNA KUMAR, J.
Though the appeal is listed for admission, with the consent of all parties, matter is taken up for final disposal.
2. This appeal by the applicant in I.A.No.16 in Execution Case No.28/2020 is directed against the impugned orders dated 31.07.2025 passed by the Principal Senior Civil Judge and JMFC, Hosapete, [Hereinafter referred to as “the Executing Court” for short], whereby the said application filed by the appellant – applicant in I.A.No.16 was dismissed by the Executing Court.
3. Briefly stated, the facts giving rise to the present appeal are as under.
4. Respondent No.1 - Decree Holder instituted a suit in O.S.No.64/2012 against one Sri Dheerendra Swamy for recovery of a sum of Rs.40,00,000/- together with interest at the rate of 12% per annum and for other reliefs.
5. It is a matter of record and an undisputed fact that the aforesaid Dheerendra Swamy expired and respondent No.2 to 4 are his legal heirs and legal representatives. After contest, the said suit came to be decreed in favour of respondent No.1 - Decree Holder against respondent No.2 to 4 vide judgment and decree dated 01.10.2018. The operative portion of the said judgment and decree read
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