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2024 Supreme(Online)(KAR) 8686

HIGH COURT OF KARNATAKA
M G UMA
SMT SHAHEJAN – Appellant
Versus
SRI ASHOK KUMAR – Respondent


Petitioner Advocates:SOMASHEKHARAIAH R P ,Respondent Advocate: VENKATESHA T S

ORDER

Petitioner being the appellant in Execution case No.63/2018 pending on the file of the learned Prl.Senior Civil Judge & JMFC, Bhadravathi is impugning the order dated 07.06.2022 rejecting IA Nos.5 filed under Order 21 Rule 97 R/w Section 151 CPC and order dated 29.06.2022 rejecting IA No.6 under Order 21 Rule 14 R/w Section 151 of CPC and order dated 29.06.2022 passed on IA No.7 under Order 21 Rule

32(5) R/w Section 151 of CPC.

2. Heard Sri. Somashekharaiah.R.P., learned counsel for the petitioner and Sri. Venkatesha.T.S., learned counsel for respondent No.1 and Sri. Prabhakar.L.Shetty, learned counsel for respondent No.4.

3. Learned counsel of the petitioner contended that petitioner being the appellant is an innocent lady and she was cheated by her sons who are arrayed as respondent Nos.2 and 3. They concocted a gift deed and also executed an agreement of sale in favour of the respondent No.1/plaintiff. When this was brought to the notice of petitioner, she insisted her sons to cancel the gift deed and accordingly got the gift deed cancelled.

4. In the meantime, the decree holder filed execution case and put decree into execution. When the delivery warrant was sought to be exec

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