AJIT Vs. HANUMAN MANDIR TRUST

JUDGEMENT

(1.) HEARD the learned advocates appearing for the parties namely Sri Dinesh M. Kulkarni, learned counsel appearing for the petitioners and Sri Shreevatsa Suresh Hegde, appearing for the caveator/respondent. Perused the case papers.

(2.) PETITIONERS are seeking for quashing of the order dated 03.02.2014 passed by the I Addl. Civil Judge and JMFC, in Exc.No.1110/2011 vide Annexure -J and seeks for allowing the application filed by petitioners before the executing court under Order XXI Rule 29 CPC which has been rejected by the executing court.

(3.) IT is the grievance of the petitioners that as judgment debtors they have suffered a decree in O.S.No.1170/2008 and same though attained finality, is now under scarring since judgment debtors have now filed a suit in O.S.No.1756/2013 before the II Addl. Civil Judge, Belgaum, to declare the judgment and decree passed in O.S.No.1170/2008 dated 12.01.2011 affirmed in R.A.No.15/2011 and confirmed in R.S.A.No.5341/2012 as not binding on them (judgment debtors), since the original landlord has subsequent to judgment and decree passed in O.S.No.1170/2008 have filed a suit in O.S.No.4/2013 against the decree holders alleging that said judgment and decree obtained by decree holder is by playing fraud and as such during the pendency of the suit now filed by them in O.S.No.1756/2013, the judgment and decree passed in O.S.No.1170/2008 dated 12.01.2011 cannot be executed against them. In support of his submission, he relies upon judgment of co -ordinate bench of this Court in U.SADANANDA UDUPA VS. SMT.T.KUSUMA SHEDTHI, 2013 ILR(Kar) 3885.