The present petitioner who was first judgment debtor

in Execution Case No.110/2009, on the file of the learned II

Additional Civil Judge and JMFC, at Shivamogga,(hereinafter

for brevity referred to as “the Executing Court”), has filed

this writ petition, challenging the orders dated 19-03-2014

and 04-09-2014 passed in the said matter.

2. The respondent No.1 is being represented by his

learned counsel. Notice to respondent No.2 is dispensed

with. This matter was earlier connected with Writ Petition

No.13233/2014. However, at the submission made by the

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learned counsels from both side, this writ petition has now

been disconnected and is taken up separately.

3. The undisputed facts are that, the present

respondent No.1, as a plaintiff, had instituted a suit against

the present petitioner and present respondent No.2,

arraigning them as defendant Nos.1 and 2 in Original Suit

No.184/1994, in the Court of the I Additional Civil Judge

(Jr.Dn.) at Shimoga, for the relief of permanent injunction,

seeking to restrain the defendants or anyone claiming

through them from interfering in his alleged peaceful

possession of the suit schedule immovable properties. The

said suit came to be de