K. MUDDANNA SHETTY Vs. B.K. NARAYANA SHETTY

JUDGEMENT

(1.) DECREE holder in Execution Petition No. 29/2003 has called in question the order dated 11.01.2012 passed by Civil Judge (Jr. Dn), Karkala whereunder the decree holder has been directed to hand over possession of agricultural land measuring 0.30 cents situated in Sy. No. 5/11E, Karabettu Grama, Karkala Taluk, Udupi District to respondent No. 8 herein.

(2.) I have heard the arguments of Sri. S. Shaker Shetty, learned Advocate appearing for petitioner/decree holder and Sri Chandranath Ariga, learned Advocate appearing for respondent No. 8. Respondents - 1 to 7 are served and unrepresented.

(3.) A deed of settlement came to be executed by Sri Sanjeeva Sooda, father of decree holder in favour of his children on 24.06 1974 by settling his properties in their favour with a condition that they should pay annual maintenance to him. On account of non -payment of annual maintenance, he filed a suit for recovery of maintenance in O.S. No. 100/1978. Said suit came to be decreed on 08.02.1980. In order to enjoy the fruits of decree, he filed a Execution Petition No. 271/1983 against his children for recovery of maintenance and for sale of the immovable properties which he had settled in favour of his children. On 06.07.1984 the land bearing Sy. No. 5/11E measuring 0.30 cents was sold by said Sri Sanjeeva Sooda during the pendency of execution proceedings. An auction sale came to be conducted on 07.08.1984 in Execution Petition No. 271/1983 and said Sri Sanjeeva Sooda purchased in Court auction all the properties which he had settled in favour of his children under the settlement deed. The said sale was confirmed in his favour on 26.11.1984 and possession of properties auctioned in his favour was delivered to him. Thereafter, on 22.12.1984 he sold 5 acres 36 cents to Smt. Susheela Pai.