TILOK CHAND Vs. P. NARAYANA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 21/4/2022 passed in FDP No.27/2005 by the I Additional Senior Civil Judge and CJM, Mysuru (for short "the Trial Court"), whereby the trial Court directed sale of item No.2 of the suit schedule property in pursuance of the earlier order dtd. 10/10/2018.

(2.) Heard learned counsel for the petitioners, learned counsel for respondent No.6, 7 and 15 and perused the material on record.

(3.) The material on record discloses that respondent No.15-petitioner has instituted the aforesaid final decree proceedings to enforce, implement and execute the preliminary decree dtd. 25/7/2000 passed in O.S.No.243/1990 by the Trial Court and confirmed in R.A.No.32/2000 by the First Appellate Court. As per the preliminary decree in respect of which final decree proceedings were initiated, the suit schedule properties comprised of two items of immovable properties. During the pendency of the said petition, the Trial court passed an order dtd. 10/10/2018 directing sale of item No.2 of the suit schedule properties. During the pendency of the final decree proceedings, the petitioners herein sought to be implemented as additional respondents on the ground that they have purchased item No.2 of the suit schedule properties. Subsequently, the petitioners herein filed an application seeking impleadment in the final decree proceedings and the said application, I.A.Nos.20 and 21 having been dismissed by the Trial Court on 1/11/2018, the petitioners approached this Court in W.P.No.54751/2018, which was disposed of by this Court on 16/12/2021 permitting the petitioners to be impleaded as additional respondents and reserving liberty in their favour to seek equitable partition only in respect of item No.2 of the schedule properties. It is the grievance of the petitioners that despite the aforesaid order passed by this Court in W.P.No.54751/2018, the Trial court proceeded to pass the impugned order directing sale of item No.2 of the schedule properties in terms of its earlier order dtd. 10/10/2018 without considering the objections filed by the petitioners on 7/3/2022 nor giving them any opportunity to put forth their claim or hearing them and as such, the petitioners are before this Court by way of the present petition.