ASHOK SHAMANNA Vs. NAYEEM KHAN

JUDGEMENT

(1.) THIS House Rent Revision Petition under S. 46 (1) of the Karnataka Rent Act, 1999 is directed against the order dated 8-11-2002 passed on I. A. 13 in pending Execution Case No. 10110/95 on the file of the Court of the Small Causes Judge, Mayo-Hall, Bangalore.

(2.) I. A. 13 had been filed under the provisions of Order 21, Rule 29 read with S. 151 of the Code of Civil Procedure by the second legal representative of the deceased- judgment-debtor by name Smt. Radhamma. The application was one for staying all further proceedings in the execution case during the pendency of O. S. No. 9027/01 on the file of the City Civil Court, Bangalore City, which suit had been instituted by the second legal representative of deceased Radhamma namely Sri Ashok Shamanna s/o Radhamma Shamanna as against the decree-holder praying for a declaration that the eviction order passed in H. R. C. 10232/86 which was sought to be executed in Execution Case before the Executing Court in Ex. Case No. 10110/95 was not binding on the plaintiff therein; that the eviction order is of no consequence in law for the purpose of disturbing the possession of the plaintiff; that the plaintiff being in possession of the schedule property in respect of which execution has been taken in his capacity as a heir of late Shamanna who was the original tenant in respect of the premises in question.

(3.) THE Trial Court, after looking into the application and the objections filed in opposition to the same and after hearing elaborate submissions made on behalf of the parties by their learned Counsel, was of the view that the applicant had not shown sufficient grounds to allow the application and for staying the further proceedings in the execution case during the pendency of O. S. 9027/01 and accordingly dismissed the same. It is aggrieved by this order of dismissal of his application, the applicant is in revision before this Court.