B. L. BILLEGOWDA Vs. RANGANATHA

JUDGEMENT

(1.) These appeals are filed by the judgment debtors under Order XLIII Rule 1(r) of the CPC challenging the order dtd. 17/11/2021 passed by the Executing Court on IA No.I filed under Order XXXIX Rule 1 and 2 CPC in Execution Petition Nos.10/2021 and 8/2021 pending before the Senior Civil Judge and JMFC, Belur, Hassan.

(2.) The appellants and the respondents are the joint family members. They have filed suit for partition in O.S.No.31/2013. The parties have filed the compromise petition. On the basis of the compromise petition, the decree has been passed on 2/12/2014. The respondents herein have filed the execution petition in Execution Petition Nos.10/2021 and 8/2021 before the Senior Civil Judge, JMFC, Belur, Hassan. The decree holders in both execution petitions have filed application under XXXIX Rules 1 and 2 CPC seeking an interim injunction against the judgment debtor Nos.2, 4 and 5 restraining them from erecting any construction and changing the nature of the land in Sy.Nos.51, 52 and 57 situated in Thimmanahalli Village till disposal of the above petition. The trial Court has allowed the said applications by order dtd. 17/11/2021 and directed the parties to maintain status- quo in respect of survey Nos.51, 52 and 57. Being aggrieved by the same, the appellants are before this Court in these appeals.

(3.) Learned counsel appearing for the appellants has submitted that on the basis of the compromise decree, the property in dispute in these cases i.e. Survey Nos.51, 52 and 57 have fallen to the share of the appellants and they are constructing of the buildings in the suit schedule properties. In view of the status-quo order passed by the Executing Court, the appellants cannot proceed further. Hence, he sought for allowing the appeals.