SULOCHANA Vs. DEVAPPA BADIGEPPA HUDELAKOPPA

JUDGEMENT

(1.) The captioned revision petition is filed chal lenging the order of the Execution Court passed on IA No.9 fi l ing under order 12 Rule 6 R/w Section 151 of CPC.

(2.) Before I proceed to deal with the merits of the case, I feel it necessary to allude some necessary facts which would be necessary for ef fective adjudication of the claim.

(3.) It is not in dispute that the father of the petitioners herein instituted a suit in OS No.28/1995 against the husband of second respondent seeking possession of the suit schedule property. The said suit was contested by the husband of second respondent viz. , Nagesh Vernekar. On contest, the trial Court having appreciated the oral and documentary evidence negated the contentions raised by the husband of the second respondent. The Trial Court decreed the suit and thereby directing the husband of second respondent Nagesh Vernekar to hand over the vacant possession of the suit schedule property. Being aggrieved by the judgment and decree of the Trial Court, husband of second respondent preferred an appeal in RA No.270/2006. The Appel late Court on re-appreciation of oral and documentary evidence concurred with the reasoning rendered by the Trial Court, and proceeded to dismiss the appeal. Appel late Court granted permission to the husband of second respondent to col lect al l materials lying in the suit schedule property.