LAXMAWWA AND ORS. Vs. ITTAPPA AND ORS.

JUDGEMENT

(1.) Chal lenge in this writ petition is to an order passed by the Civi l Judge (Jr.Dn.), Bi lagi, closing Execution Case No.28/2006, by construing a communication bearing No.ADMN-3207/22/2009 dated 06.07.2009 of the District Court, as if the same was a direction by the High Court.

(2.) Factual background needs to be noted in brief.

(3.) Sri. Santhosh B. Mane, learned advocate for the petitioners vehemently contended that the execution Court having appointed a Court Commissioner to execute a registered sale deed on its behalf and the petitioners having taken the required steps, it was not open to the Court to have closed the execution case, before the receipt of the report of the Court Commissioner. He submitted that the Execution Court has fai led to exercise jurisdiction vested in it and has made the petitioners to suffer for no fault of them. He submitted that the impugned order being il lfounded is unsustainable.