SHIVANNAGOWDA Vs. M N SHIVAPPA GOWDA

JUDGEMENT

(1.) Petitioners who are the judgment debtors have filed the present writ petition and sought for setting aside the impugned order dtd. 16/3/2019 passed in Ex.No. 87/2014, whereby the trial Court has allowed the petition filed under 21 Rule 32 read with Sec. 151 of CPC and ordered that the JDRs to undergo simple imprisonment for two months in civil prison for violation of the judgment and decree passed in O.S.No.130/2019.

(2.) After hearing the matter for sometime, learned counsel for petitioners has filed an affidavit of the judgment debtors - petitioners herein, which reads as follows:

(3.) By virtue of the said affidavit, it is clear that there is an undertaking by the judgment debtors that they will not interfere with the decree holder's rights in terms of the decree passed in O.S.No. 130/2009. The said affidavit and undertaking would have the effect that judgment debtors would abide by the terms of the judgment and decree passed, subject of course to their rights pending further consideration in the appeal proceedings.