VIVEK J. Vs. VANITHA K. BHAT AND ORS.

JUDGEMENT

(1.) Applicant in Execution No. 606/2002 is assailing the order dated 03.10.2015 (Annexure -A) whereunder application filed under Order XXI Rule 58 CPC has been dismissed.

(2.) Brief facts leading to filing of this petition are as under: - -

(3.) Above said application came to be resisted by Decree Holder contending that it is only ruse to protract the execution proceedings and all contentions raised in the affidavit supporting the application came to be denied. Trial Court after considering the rival contentions, by impugned order, rejected the application on the ground that applicant has not produced an iota of documents to substantiate his claim except the registration certificate of the vehicle. Executing Court also recorded a finding that husband of the Judgment Debtor by name Sri. Jayaram had also filed similar application earlier and one lady by name Smt. Sumati had also filed similar application contending that she had filed a suit in O.S. No. 663/2012 for declaration that the proceeding adopted by defendant No. 3 in the said suit that is the Decree Holder subjecting the plaint schedule property belonging to the plaintiff to the process of sale as null and void and it was noticed by the Executing Court that said Sumati had purchased the subject property from Judgment Debtor in the year 2005 i.e., after filing of the execution petition. Amongst other grounds as discussed in detail in the impugned Order, Executing Court rejected the application.