AKKAMMA Vs. NARAYANA T AMIN

JUDGEMENT

(1.) THESE revision petitions are filed under Section 115 of Code of Civil Procedure by respondents 1 and 2 in F. D. P. No. 2/97 pending on the file of the Civil Judge, Udupi, aggrieved by certain orders. All the three C. R. Ps are inter-related. Therefore, they are taken up together for consideration. The petitioners are aggrieved by three orders dated 31. 8. 2000, 10. 1. 2001 and 15. 1. 2001 respectively, passed by the Trial Court in F. D. P. No. 2/1997.

(2.) THE respondents in these revision petitions have filed the suit O. S. No. 29/1995 for partition against the petitioners herein, on the file of the Civil Judge, Udupi, D. K. District. A preliminary decree came to be passed in the suit on 30. 9. 1996. Thereafter, the plaintiffs filed F. D. P. No. 2/97 before the said Court. During the pendency of the said F. D. P. the Trial Court by order dated 28. 5. 1997 passed the following order: "heard. Office to send the record to D. C. to effect partition of agricultural land as per the terms of the preliminary decree. With reference to mesne profits enquiry by 11. 6. 1997. " a perusal of the order sheet reveals that the partition of the lands was never effected by the deputy Commissioner. When the position remained thus, the plaintiffs filed I. A. No. 13 under section 151 of the Code of Civil Procedure seeking permission to deposit the bid amount. The court passed the following order: "the application filed by the petitioner under Section 151 of Code of Civil Procedure is allowed in part as per the decree. 2. The 1st petitioner is permitted to deposit the share amount to the 1st and 2nd respondent/opponents in the auction sale the purchase amount/bid amount in respect of the undivided joint family residential building and other various items of the properties, as per the share allotted to the respondents 1 and 2/opponents in the decree.

(3.) NO order as to costs. " thereafter, the respondents deposited the bid amount. Subsequently I. A. No. 15 came to be filed under Order 21 Rule 95 C. P. C. for delivery of property in occupancy of the judgment debtors, petitioners herein. The Trial Court allowed I. A. No. 15 and ordered issuance of delivery warrant as prayed for with a direction to secure the warrant, one week after the date of this order and compliance by 20th September, 2000. Aggrieved by the said order passed on I. A. 15 the defendants have filed C. R. P. No. 786/2001. 3. The defendants have filed CRP 787/2001 aggrieved by the order dated 10. 1. 2001, where under the Trial Court has ordered delivery warrant with police help as per the order dated 9. 1. 2001 and to deliver the possession of the suit properties by breaking open the lock of the premises returnable by 6. 2. 2001. The defendants are also aggrieved by another order dated 15. 1. 2001 passed on I. A. No. 23 filed under Section 151 of Code of Civil Procedure for recalling the delivery warrant, issued in respect of the house of the defendants granting 15 days time for the applicant to make an alternative arrangement.