M. JAYARAM Vs. GOVINDAMMA

JUDGEMENT

(1.) PETITIONER who is Judgment Debtor No. 1 in Execution Case No. 11/2009 on the file of the Principal Civil Judge at Kolar, is before this Court praying for quashing the order dated 26.03.2013 passed on I.A. No. 5 filed in the above said case at Annexure -H. Learned counsel for the petitioner submits that as per the judgment and decree made in O.S. No. 99/2007 on the file of the Civil Judge at Kolar, an appeal was filed along with an application for condonation of delay in filing the appeal and stay and in the meantime, the respondent -Decree holder has filed Execution Petition and Executing Court had issued delivery warrant. Hence, the petitioner filed an application (I.A. No. 5) under Section 151 of CPC to recall the delivery warrant issued against Judgment Debtors, but the Executing Court erred in rejecting the same.

(2.) I see no illegality or infirmity in the impugned order. In the result, the writ petitions fail and they are hereby rejected.