PRABHAKAR Vs. MANASHE TIMOTY

JUDGEMENT

(1.) It is not in dispute that a decree for possession was passed against the petitioners in O.S.No.256/1992 and the same was confirmed not only in R.A.No.31/2003 but also in RSA.No.5193/2009. As against confirmation of decree for possession in RSA.No.5193/2009, there is no proceeding taken up before the Hon'ble Supreme Court and learned counsel for petitioners is also unable to state as to whether parties have approached the Hon'ble Supreme Court.

(2.) Be that as it may, it is beyond dispute that the petitioners suffered a decree to handover possession to the plaintiff. However, in execution proceedings the petitioners have raised a contention that they had succeeded to the decreetal property by virtue of a bequest made in their favour under a registered Will and therefore the decree could not be executed against them.

(3.) It is also not in dispute that the petitioners have already instituted proceedings in P & SC.No.7/2014 before the Additional District and Sessions Court, Hubballi seeking for probate of the registered Will stated to have been executed in their favour.