MADHUVANA HOUSE BUILDING CO -OP SOCIETY LTD Vs. SPL LAO AND ASSISTANT COMMISSIONER MYSORE SUB DIVISION MYSORE

JUDGEMENT

(1.) The petitioner, who is the second Judgment Debtor in Ex. No.260/2009 on the file of the I Additional Senior Civil Judge and CJM, Mysuru, [for short 'the executing Court'], has filed this petition impugning the executing Court's order dtd. 20/7/2021. The original second respondent has succeeded in its application under Sec. 18 of the Land Acquisition Act, 1894 as also in the subsequent proceedings and thereafter, has commenced the aforesaid execution proceedings. The execution Court by the impugned order has dismissed the first respondent's application under Sec. 47 of the Code of Civil Procedure, 1908 [for short, ' the CPC'] objection to execution proceedings.

(2.) Sri. S.P. Shankar, learned senior Counsel is heard on behalf of the learned counsel for the petitioner, and the learned senior Counsel submits that the petitioner is constrained to approach this Court impugning the rejection of the application filed by the first respondent under Sec. 47 of the CPC as follows:

(3.) The learned senior Counsel submits that this Court, in the exercise of jurisdiction under Article 227 of the Constitution of India, must intervene and pass appropriate orders to protect the petitioner's interest in the light of the grounds urged with the executing Court issuing attachment warrant against movables belonging to the petitioner.