VASANTIBAI Vs. MALLAPPA NARASAPPA RAMANKATTI

JUDGEMENT

(1.) THIS revision petition is filed challenging the Order of the executing court in execution petition No. 40 of 1999.

(2.) THE revision petitioner is no other than the judgment-debtor 2 (a) in the execution proceedings. The respondents herein are the l. rs of the decree-holders. The decree in o. s. No. 3 of 1968 sought to be executed in ex. P. No. 40 of 1999 by the decree-holders and the decree-holder filed an application under Section 47. A common Order was passed on 31-5-2001. The executing court directed judgment-debtors 2 (a) to 2 (d) to receive amount of rs. 1,500/- deposited by the decree-holders in execution petition and further directed all the judgment-debtors before the court below to execute jointly a registered sale deed in respect of the suit schedule property in accordance with the terms and conditions of the agreement of sale, failing which the court commissioner will be appointed for the said purpose. Actual possession of the property will be handed over after the execution of the sale.

(3.) O. S. No. 3 of 1968 was filed for specific performance of the contract of sale, which was decreed in favour of the plaintiff. Challenging the said judgment and decree r. a. No. 9 of 1973 was filed which come to be allowed setting aside the judgment and decree passed by the trial court. Again the decree-holder preferred r. f. a. No. 347 of 1986. This court on setting aside the judgment and decree in r. a. No. 9 of 1973 confirmed the judgment and decree in o. s. No. 3 of 1968 held by the trial court. Execution petition was filed in pursuance of said decree, which was finalized by this court in regular first appeal.