HUCHARAYAPPA Vs. SHARADHAMMA

JUDGEMENT

(1.) Petitioners herein are respondents No.1(b), (c), (e) to (j) in FDP No. 4/2011 arising out of OS No. 382 of 1989. Petitioners are defendants in the Original suit are invoking the writ jurisdiction assailing the orders dtd. 20/6/2015, 5/11/2015 and 2/1/2016 passed by the Civil Judge (Jr. Dvn.), Soraba in FDP No.4/2011, vide Annexures-L, M and N, respectively.

(2.) It is the case of the petitioners that original suit came to be filed by the respondents for the relief of partition, which came to be decreed by allotting half share to the petitioners and respondents. Subsequently, plaintiffs, who are successful in the suit, filed present FDP proceedings in furtherance of the decree of partition and preliminary decree passed in the original suit.

(3.) Pursuant to the notice being issued in the FDP proceedings, petitioners appeared and contested the matter. In the meanwhile, on 20/6/2015 orders came to be passed by the trial Court on the feasibility report filed by the Court Commissioner. The feasibility report filed by the Court Commissioner came to be accepted and possession warrant to Bailiff was issued by the trial Court to execute with the assistance of the Taluka Surveyor to hand over the possession of the petition schedule properties to the parties.