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2023 Supreme(Online)(Kar) 37424

HIGH COURT OF KARNATAKA
PRADEEP SINGH YERUR
MR MOHSIN SAIT – Appellant
Versus
MOHD IQBAL SAIT – Respondent


ORDER

CRP.No.375/2016 is preferred by judgment debtors against the final order dated 21.06.2016 passed by the Court of Principal I Civil Judge and CJM, Mysuru in Ex.No.325/2015.

2. It is the case of petitioners that they were described as judgment debtors in execution proceedings in Ex.No.325/2015 to enforce the judgment and decree passed in O.S.No.511/1997 passed by Principal I Civil Judge and JMFC, Mysuru. The relief granted in O.S.No.511/1997 is as under:

“The suit of the plaintiff is decreed with cost.

It is declared that the plaintiff is the member of the Cutchi Memon Jamath, Mysore and the defendants 1, 3 to 7, 9, 11 & 12 are hereby directed by way of Mandatory Injunction to extend all the benefits and privileges to the plaintiff which are available to the other members of the Cutchi Memon Jamath, Mysore.”

3. It is the case of the petitioners herein that the petitioners, who were judgment debtors before the executing Court were not at all parties before the Original Suit in O.S.No.511/1997. However, the suit came to be filed by the plaintiff against Haji Ali Janab Azeez Sait, Abid Saleh Ahmed Sait, Haji Gul Mohammed Sait and few others and they were described as President, Vice P

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