M.T. LINGAIAH Vs. MADIVALARA R. JANAKI

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) THIS petition is filed against the order passed on I.A. 14 in Execution No. 32/12 on the file of the Principal Civil Judge & JMFC, Madikeri.

(3.) THE judgment debtor again filed I.A. No. 7 seeking to direct the Court authority, that while executing the delivery warrant, to identify where the petition schedule property is situated, this application was contested by the decree holder. The Trial Court after hearing the parties, rejected the application filed by the judgment debtor. However, it has observed that looking to the facts and circumstances of the case, the Process Nazaar is directed to take the assistance of the qualified surveyor and furnish the survey report with sketch and measurement of the petition schedule property before the Court. Being aggrieved by the said order passed on I.A. No. 7 dated 5.1.2015, respondent who is the son of the decree holder filed a review petition in I.A. No. 14 seeking for review of the said order. The trial Court after considering the arguments advanced by both the parties, allowed this I.A. No. 14 filed by the respondent herein. Being aggrieved by the same, the petitioner is before this Court.