GHOUSE MOHIUDDIN S/O. HAMEEDA SABI AND MR. PULAGUNDA CHOWDAPPA S/O. CHOWDAPPA Vs. SMT. RAMALAKSHMAMMA W/O. MUNINARASAPPA

JUDGEMENT

(1.) PETITIONERS are the Defendants/JDRs in Execution Case. Suit for injunction was instituted by the 1st Petitioner/Plaintiff against the Defendant/Respondent, wherein, after trial, decree of permanent injunction has been granted. Alleging violation of the decree, Respondent has filed Execution petition. The Petitioners/JDRs have filed their statement of objections to the Execution petition. The JDRs filed I.A.I under Order 26 Rule 9 of Code of Civil Procedure for pointing a Commissioner to conduct local inspection and to ascertain as to who is in possession of the execution schedule property. According to them, one Jaggu Ameer Sab is in possession of the suit property and the execution has been unnecessarily filed against them, only to harass them. The execution court, finding I.A.I to be devoid of merit, has dismissed the same. This writ petition is filed against the said order.

(2.) HEARD the learned Counsel on both sides and perused the writ petition record.

(3.) THE writ petition is devoid of merit and shall stand dismissed. However, it is open to the JDRs to prove their ease in accordance with law.