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2024 Supreme(Online)(Kar) 38791

KARNATAKA HIGH COURT
SRI PILLAPPA M – Appellant
Versus
SRI MUNIKAVERAPPA – Respondent


ORDER

The judgment debtors have filed this writ petition challenging the order dated 28.07.2018 passed by the Civil Judge (Sr. Dn.) and JMFC, Anekal on an application filed under Order 21 Rule 97 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') in Ex.No.24/2019 wherein the application filed by the petitioners was rejected.

2. Heard Sri.Prakash T.Hebbar, learned counsel appearing for the petitioners and Sri.Yogesh M., learned counsel appearing for Sri.Ramesh Ananthan, learned counsel for the respondent.

3. Learned counsel for the petitioners submits that the respondent herein has filed O.S.No.288/2003 which was later re-numbered as O.S.No.614/2006 before the Court of Senior Division Civil Judge, Bangalore seeking for declaration and possession in respect of property bearing khata No.181/2. The present petitioners were defendant Nos.1 and 2 in the said suit. The Trial Court decreed the suit exparte on 28.07.2009. It is submitted that the respondent herein has filed Ex.No.24/2009 before the Execution Court and the Execution Court has issued the delivery warrant to take possession of the suit schedule property from the petitioners on 20.10

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