SANJAY Vs. SADASHIV

JUDGEMENT

(1.) The petitioner approached this Court challenging the order passed by the Senior Civil Judge and JMFC Raibag in Execution Petition No. 36/2013 and sought for quashing of the entire proceedings in the said execution proceedings as illegal, void and non -est in the eye of law.

(2.) I have heard the detailed argument of the learned counsel for the petitioner and perused the records.

(3.) The records disclose that the respondent herein has filed a suit in OS No. 113/2013 and the said suit came to be decreed and no appeal was preferred because it was an ex -parte decree passed against the petitioner herein and the said decree was put into execution and the executing Court has appointed a Commission for execution of the sale deed in favour of the respondent herein and completed the execution proceedings accepting the report of the Commissioner that he has complied with the directions issued by the Court.