ROSANE JEROME DSOUZA Vs. BHAGVANDAS GANGARAM KAMBLE

JUDGEMENT

(1.) THE petitioner in this revision petition has called in question the order passed by the Principal Civil Judge (Junior Division), Belgaum, in execution Petition No 136 of 1984, dated 20-9-1999, whereby, the executing Court allowed I A No IX filed by the judgment-debtors and recalled the order passed on I A No VII, dated 31-7-1999

(2.) THE petitioner is a decree-holder and the respondents are the legal representatives of the judgment-debtor viz, Bhagawandas Gangaram kamble The petitioner filed a suit against the said judgment-debtor in o S No 291 of 1971 for possession and for mesne profits in respect of property namely, southern half of No. 5, Mutton Butcher Street, Camp. Belgaum, measuring about 464 sq ft Deceased judgment-debtor contested the said suit The Trial Court by its judgment and decree dated 18-9-1974 decreed the suit directing the deceased judgment-debtor to put the plaintiff in actual possession of the suit property and to pay future mesne profits at Rs 9/- per month from the date of suit till the date of delivery of possession of the suit property to the plaintiff and to pay costs Being aggrieved by the judgment and decree, deceased bhagawandas filed an appeal in R A No 63 of 1982 on the file of II additional Civil Judge, Belgaum The Appellate Court dismissed the appeal on 23-6-1984 Bhagawandas challenged the said judgment and decree before this Court in Bhagawandas v Mrs Roasene Jerome d'souza (RSA No 668 of 1984) This Court dismissed the appeal on 28/29th September, 1994 granting the appellant three months' time to vacate the premises in question subject to filing an undertaking Once again, an application was filed seeking further extension of time, which was rejected on 23-12-1994

(3.) IN the meantime, the decree-holder filed Execution Case No. 136 of 1984. After dismissal the second appeal, the execution case was proceeded with by the decree-holder. In the meantime, the original judgment-debtor died and his L. Rs, were brought on record. The L. Rs filed objections and contested the said execution case. The Executing court by its order dated 9-3-1995 issued delivery warrant against the judgment-debtors. It also appears from the records that the possession of the premises was handed over to the decree-holder in the presence of the Panchas on 10-3-1995. The decree-holder has accepted possession of the property, which is evident from the Mahazar dated 10-3-1995.