NAGASHETTY Vs. BASAWARAJ

JUDGEMENT

(1.) BY the impugned order the Executing Court has held that the Execution Petition is maintainable.

(2.) THE petitioner herein is a mortgagee and the respondent is a mortgager. THE respondent herein had mortgaged the property by virtue of the mortgage deed dated 22.03.1993, which was registered for `15,000/-. THE same is an usufructory mortgage for a period of 5 years. After 5 years, the possession was not re-delivered. Hence the respondent herein filed a suit in O.S.No.285/2004 for redemption of mortgage, which came to be decreed on 27.11.2007. THE same was confirmed in R.A.No.155/2007 on 21.06.2008. THE same has attained finality. THEreafter the decree holder filed E.P.No.302/2008 for getting the decree executed. From that day onwards, the Execution Petition is being dragged on. When the facts stood thus, the judgment debtor raised a question relating to maintainability of the Execution Petition. THE objection of the petitioner herein is, in the absence of final decree, the Execution Petition should not go on.

(3.) IN view of the same, the Executing Court has rightly construed the decree, as the same is for a direction to the judgment debtor to pay `4,000/- damages per month. There is no ambiguity at all on any aspect of the matter. Hence, no relief as sought for in the writ petition can be granted. Petition fails and the same stands dismissed.