RAMAGOUDA MALAGOUDA PATIL Vs. BHAJARANG TUKARAM BHOJANE

JUDGEMENT

(1.) THIS civil revision is directed against the order dated 26-9-2001 passed in Execution Petition No. 197/2000 on the file of the Civil Judge (Sr, Dvn.) and Assistant Sessions Judge, Athani.

(2.) THE Execution petition was filed by the decree-holders against the judgment-debtors to execute the judgment and decree dated 29-6-1998 passed in O. S. No. 71/ 1992 in respect of 6 acres of land to the western strip in Sy, No. 29 of Bommanal village totally measuring 11 acres 16 guntas along with the half share in the well and 5 mango trees. The said Execution Petition had come up for consideration before the trial Court on 26th September 2001. The trial Court after hearing both parties, after taking into consideration both oral and documentary evidence, the material records available on the file and by following the judgment of this court in R. S. A. No. 71/1992 dated 29-6-1998 has allowed the Execution petition and directed the petitioners to obey the Judgment and decree of this Court as stated supra forthwith. Assailing the correctness of the said order passed by the trial Court, the petitioners have presented this revision petition.

(3.) THE principal submission canvassed by the learned counsel for the petitioners is that, the impugned order passed by the execution Court is one without jurisdiction, and when he has no jurisdiction, he ought not to have proceeded to pass the orders in considering the request of the respondents. In support of his submission, he has placed his reliance on the judgment of this Court in the case of Muthappa Reddy v. M. C. Venkataswamy reported in Mys. LJ Short notes Item No. 268 Page No. 114, wherein this Court has held that: