VIKRAM Vs. SARALA SIDDANNA

JUDGEMENT

(1.) THE petitioner is before this Court assailing the order dated 07.07.2014 passed in E.P. No. 1001/2014 as at Annexure -E to the petition.

(2.) THE first respondent herein is the decree holder who has levied the execution petition to execute the order passed in HRC No. 15/2006. In the execution petition filed against the respondents No. 2 and 3, the petitioners herein claiming to be the owners of the property having purchased the same under a registered sale deed dated 16.06.2014 have filed an application under Order XXI Rules 97 and 99 read with Section 47 of CPC seeking determination of their independent right to the property regarding which the execution petition is filed. In the said proceedings, the petitioners have contended that the sale deed based on which they have claimed right by filing the application under Order XXI Rules 97 and 99 read with Section 47 of CPC would on the face of it indicate that the value of the property is Rs. 6,00,000/ -. In that view, it is contended that since the execution petition is pending before the Court of Prl. Civil Judge & JMFC, Belgaum whose pecuniary jurisdiction is up to Rs. 5,00,000/ -, the application is to be tried as a suit and as such the execution petition is to be returned to be presented before the Court of the Civil Judge (Sr. Dn) who would have the pecuniary jurisdiction to entertain the same.

(3.) I have heard the learned counsel appearing for the parties and perused the petition papers.