ANNAPURNA BAI Vs. NARAYAN

JUDGEMENT

(1.) This writ petition is directed against the order passed on I.A.No.3, dated 20.08.2016 in Execution Petition No.70/2012 on the file of the Prl. Senior Civil Judge and C.J.M. Belagavi, whereby the said I.A. filed by the petitioner/Judgment Debtor has been rejected and the said execution petition has been closed as fully satisfied.

(2.) The respondent herein had filed O.S.No.17/2008 on the file of the II Addl. Senior Civil Judge, Belagavi, at Belagavi seeking for the relief of partition and separate possession in respect of CTS No.4106 situated at Old Pune-Bengaluru Road, Belagavi against the petitioner herein. The said suit was decreed granting 1/3rd share in the suit property to the respondent herein. However, in the RFA No.3068/2010 proceedings filed by the petitioner, the appeal was disposed off in terms of the compromise entered into between the parties, directing the parties to comply with the terms of the compromise petition before the executing Court. Pursuant to which, the respondent has filed Execution Petition No.70/2012 before the executing Court for execution of the said decree. The Decree Holder has sought for handing over the actual physical possession of the property i.e. CTS No.4106 of Old Pune-Bengaluru Road, Belagavi. Later on the third party who has agreed to purchase the disputed property got the sale deed executed both by the decree holder and the Judgment Debtor in his favour in terms of the Judgment in RFA No.3068/2010.

(3.) In the aforesaid execution proceedings, the petitioner has filed I.A.No.3 with a request to permit him to remove shed as well as fixtures and fittings existed in the suit property referring to the Judgment dated 17.09.2013 passed by this Court in RFA No.3068/2010. The Trial Court has dismissed the said application. Hence, the present petition.