KAVITA Vs. VIMALA

JUDGEMENT

(1.) This Regular Second Appeal is filed by the third party intervener before the Executing Court, challenging the judgment and decree dtd. 11/4/2022, passed in R.A.No.347/2019 on the file of the XI Addl. District Judge, Belagavi, (hereinafter referred to as 'the First Appellate Court', for brevity), dismissing the appeal and as such, confirming the order dtd. 14/12/2017 on I.A.No.1 in E.P.No.121/2017 passed by the II Addl. Senior Civil Judge, Belagavi (hereinafter referred to as 'the Executing Court'), dismissing I.A.No.1.

(2.) For the sake of convenience, the parties to this appeal shall be referred to in terms of their status and ranking before the Executing Court.

(3.) The relevant facts for adjudication of this appeal are that, respondent No.1 herein has filed O.S.No.306/2016 before the II Addl. Senior Civil Judge and CJM, Belagavi, against the respondent No.2 herein seeking partition in respect of the suit schedule properties. The said suit came to be decreed as per the compromise petition accepted on 24/11/2016. Thereafter, respondent No.1 herein has filed E.P.No.121/2017 before the Executing Court, to execute the judgment and decree in O.S.No.306/2016. During the pendency of the execution proceedings, appellant herein - Smt. Kavitha, W/o. Krishna Chougale, has filed I.A.No.1 under Order 21 Rule 97 of Code of Civil Procedure, to obstruct the execution and delivery of the property in question. The said application was resisted by the plaintiff/respondent No.1 herein. The Executing Court after considering the material on record, by its order dtd. 14/12/2017, rejected the application filed by the appellant herein on I.A.No.1. Feeling aggrieved by the same, the said applicant has preferred R.A.No.347/2019 before the First Appellate Court and the appeal was resisted by the plaintiff/respondent No.1 herein. The First Appellate Court after considering the material on record by its judgment and decree dtd. 11/4/2020, dismissed the appeal, consequently, confirmed the order dtd. 14/12/2017, in E.P.No.121/2017 on I.A.No.1 by the II Addl. Senior Civil Judge, Belagavi. Feeling aggrieved by the same, the third party-applicant filed the instant appeal.