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HIGH COURT OF KARNATAKA
H.T. NARENDRA PRASAD, J
CHANDANA SOMAYAJI – Appellant
Versus
SRI YOGESH RAO – Respondent
| Table of Content |
|---|
| 1. claim of possession by objectors based on 1998 sale deed. (Para 3 , 4) |
| 2. arguments from counsel for both objectors and decree-holder. (Para 5) |
| 3. court discusses discrepancies in possession claims. (Para 6 , 7 , 8) |
| 4. modification of the trial court's order for maintaining status-quo. (Para 9) |
JUDGMENT
These appeals are filed by the objectors under Order 43 Rule 1(r) r/w. Section 151 of Civil Procedure Code , challenging the order passed by the Executing Court in Ex. No.1349/2020 on IA Nos. 3 to 5 filed by the decree-holder under Order 39 Rules 1 and 2 of Civil Procedure Code .
2. For the sake of convenience, the parties are referred to as per their rankings before the trial court.
3. The brief facts of the case are that the decree- holder has filed a suit for specific performance in O.S.No.176/2011. The suit has been decreed on 07.08.2014. The decree-holder has filed an Ex. No.1349/2020 before the XV Additional City Civil and Sessions Judge, Bengaluru (CCH No.3). During the pendency of the Execution Petition, the objectors, who are the appellants before this Court have filed IA No. 1 on 28.09.2020. During the pendency of this application, the decree-holder filed IA
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