BASANAGOUDA Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The present petition is filed challenging the order dtd. 9/7/2018 passed in Execution Case No.1/2016 by the Principal Civil Judge, Saundatti.

(2.) Necessary facts giving rise to the present petition are that, the petitioner filed Execution Petition No.1/2016 to execute the decree dtd. 18/10/1989 passed by the Senior Civil Judge, Saudatti, which decree was amended on 31/8/2007 in Misc. Case No.22/2021. The respondent entered appearance in the said execution petition and upon an objection raised by the Assistant Government Pleader on behalf of the respondent that the execution petition is filed after lapse of limitation period, the executing Court passed the order dtd. 9/7/2018, whereunder, the execution petition was dismissed as not maintainable. Being aggrieved by the same, the present petition is filed.

(3.) Learned counsel for the petitioner assailing the order passed by the executing Court contends that, the executing Court did not notice the fact that, the decree was subsequently amended on 31/8/2007 and the execution petition having been filed on 23/1/2016 is well within time and hence, seeks for setting aside the order passed by the executing Court and to grant relief as sought for in the present petition.