C. RUDRAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 12/6/2020 passed in Ex.No.2857/2013 by the XIX Additional City Civil & Sessions Judge, Bengaluru, (hereinafter referred to as 'Trial Court') whereby the said Execution Petition filed by the petitioner - decree holder was dismissed by the Trial Court.

(2.) Heard the learned counsel for the petitioner, learned High Court Government Pleader for respondent No.1 and learned counsel for respondents No.2 and 3 and perused the material on record.

(3.) The material on record discloses that the original plaintiff Smt. Lakshmamma instituted a suit in O.S. No.3065/1977 against the respondents - defendants for permanent injunction, mandatory injunction and other reliefs in relation to the suit schedule immovable property. The said suit having been dismissed by the Trial Court, vide judgment and decree dtd. 25/6/1979, the aforesaid original plaintiff Smt. Lakshmamma preferred an appeal in R.A. No.599/1980 which was allowed by the First Appellate Court vide judgment and decree dtd. 9/12/1982 decreeing the suit in favour of the plaintiff Smt. Lakshmamma. The said judgment and decree passed in favour of Smt. Lakshmamma in R.A. No.599/1980 has attained finality and became conclusive and binding upon the respondents herein.