K BABU SHETTY Vs. MAHALAKSHMI RAVAINATH DEVARU

JUDGEMENT

(1.) This Revision Petition is directed against the order passed by the Principal Munsiff, Mangalore in Execution Case No. 342 of 1989 dated 19-8-1989 dismissing the execution petition filed by the petitioners under Section 144 C.P.C. for restitution.

(2.) Briefly stated the facts are: That the respondent-owner obtained an order in C.R.P. 335 of 1989 from the High Court of Karnataka which reversed the concurrent findings of the Munsiff and the District Judge, in H.R.C. No. 144 of 1980 and C.R.P. 96 of 1984 respectively and consequently passed an order dated 7-12-1988 of eviction of the petitioner who was statutory tenant of the premises in question. The said Civil Revision Petition was heard by the Hon'ble Court without notifying the date of hearing to the petitioner. The petitioner came to know of the order of eviction passed by the High Court only when the respondent-owner filed an Execution Case 164 of 1989 and "sought police aid and permission to break open the lock for taking delivery of the schedule premises, in which the petitioner was living as a tenant. Soon thereafter the petitioner rushed to the executing Court and explained that the order that was sought to be executed was an ex-parte order and the petitioner had no opportunity to defend his case. Despite the request to grant some reasonable time to obtain necessary orders, the Court did not accede to it, and ultimately the petitioner was dispossessed from the petition schedule premises.

(3.) The petitioner moved the High Court to set-aside the ex parte order dated 7-12-1988 and after hearing the parties the High Court recalled the order by its order dated 5-4-1989. Since the order passed in C.R.P. was recalled the petitioner became entitled to the restoration of possession of the subject premises.