The petitioners are before this Court seeking for the

following reliefs:-

a. Issue an order or writin the nature of certiorari

quashing order o I.A.No.5 dated: 25-09-2019 passed

in E.P.No.346/2016 by the learned I Addl. Senior Civil

Judge

&

CJM,Vijayapur

vide

Annexure-G

and

consequently allow the objection to main petition filed

by the petitioners.

b. Any other relief to which the Petitioners are entitled

may kindly be granted, in the interest of justice and

equity.

The petitioner claims to be the purchaser of Plot

Nos.57 and 58 formed out of R.S.No.21/1B of

Mahalabagayat, Vijayapur. The Execution Petition

being filed by the respondents in Execution Petition

No.346/2016, the petitioners had filed an application

under Order XXI Rule 29 of CPC for staying the

saidproceedings pending the decision to be rendered

in O.S.No.32/2017 filed by the petitioners seeking for

declaration of title as also declaration that they are

not

bound

by

the

judgment

rendered

in

- 4 -

R.A.No.184/2012

decreeing

the

suit

in

O.S.No.159/1994on the said application having been

dismissed, the petitioners are before this Court

seeking for the aforesaid reliefs.

Sri.Manvendra

Reddy,

learned

counsel

for

the

petitioners would submit that

3.1. Earlier a suit in O.S.No.64/1994 had been filed

by the decree holders seeking for partition of

the larger extent of the property against the

judgment debtors.Simultaneously, a suit in

O.S.No.159/1994

had

been

filed

by

the

judgment

debtors

against

decree

holders

seeking for declaration and injunction. Both

the suits came to be dismissed on 01.03.2007.

3.2. Much

after

the

dismissal,

the

petitioners

purchased plot Nos.57 and58 on 02.07.2012.

It is thereafter that the judgment debtors had

filed R.A.No.34/2007 challenging the dismissal

- 5 -

of the suit in O.S.No.64/1994. Much later,

R.A.No.184/2012 was filed by the decree

holders challenging the dismissal of the suit in

O.S.No.159/1994

on

19.11.2012

which

is

subsequent to the purchase of the property by

the petitioners.

3.3. The said R.A.No.34/2007 came to be dismissed

and R.A.No.184/2012 came to be allowed

decreeing the suit in O.S.No.159/1994 by a

common

order

dated

06.03.2014.

It

is

thereafter that RSA No.200171/2014 had been

filed

challenging

the

dismissal

of

R.A.No.34/2007

which

also

came

to

be

dismissed

on

21.11.2016

and

subsequent

thereto, Execution Petition No.346/2016 had

been filed by the donee/legatee of the decree

holder

in

O.S.No.159/1994

wherein

the

petitioners were arraigned as judgment debtors

No.5 and 6.

- 6 -

3.4. On

coming

to

know

of

the

same,

the

petitioners had filed O.S.No.32/2017 seeking

for the following reliefs:-

a.

Pass a decree for declaration in favour of the

plaintiffs declaring that the plaintiffs are the

absolute owners of the suit property i.e., non-

agriculture Plot Nos. 57 and 58 measuring

0.02.00.83 acre in gunta out of R.S.No.21/1B

of

Mahalbagayat,

Vijayapura

more

fully

described in para No.2 of the plaint.

b. Consequently,

a

decree

for

permanent

injunction

be

passed

restraining

the

defendants, their agents or anybody claiming

under them from causing obstruction in the

peaceful possession and enjoyment of the suit

property by the plaintiffs in any manner.

c.

A decree may also be passed declaring that the

judgment

and

decree

passed

in

O.S.No.159/1994

on

the

file

of

the

1^st

Additional Civil Judge (Sr.Dn.) Vijayapura and

R.A.No.184/2012

on

the

file

of

the

3^rd

Additional District Judge, Vijayapura are not

binding on the plaintiffs.

d. The Cost and such other reliefs as Court deems

fit

to

be

granted

on

the

facts

and

circumstances of the case.

3.5. In the said suit, service being effected, the

decree holder being a party-defendant entered

appearance, filed the written statement, issues

were framed, evidence of the plaintiff being

- 7 -

completed, defendants led evidence of some of

the witnesseswho were cross examined and the

matter is posted for further evidence of the

defendants.

3.6. The petitioners filed an application under Order

XXI Rul