LAWS(KAR)-2003-2-25

GANGADHARAPPA Vs. KANTHAMMA

Decided On February 27, 2003
GANGADHARAPPA Appellant
V/S
KANTHAMMA Respondents

JUDGEMENT

(1.) THE revision filed against the impugned order of the Civil Judge (Jr. Dn.), Shidlagatta in Execution No. 54/2001.

(2.) THE respondent in this petition is the decree holder obtaining a decree for permanent injunction against the petitioner in O. S. No. 256/97 on the file of Civil Judge (Jr. Dn.) Shidlagatta. The said decree is under execution. Inter-alia in the execution, an application under section 151 CPC was filed seeking Police help to protect the possession of the decree holder. The Executing Court granted the request. Being aggrieved, the present revision is filed.

(3.) THE Counsel for the petitioner submits that an appeal is filed in R. A. No. 76/2000 on the file of the Civil Judge (Sr. Dn.), Chintamani against the judgment and decree passed in O. S. No. 256/97. There is an application for condonation of delay and also for staying execution of the judgment and decree of the Trial Court. During the pendency of the appeal, it is said that the decree is executed and impugned order is obtained.