K S LOKAIAH Vs. M B SHIVARAYA

JUDGEMENT

(1.) THE petitioner is the applicant in I. A. No. III in Execution Case no. 39/96 on the file of the Additional Civil Judge (Junior division), Madikeri. The said application is filed under Order I rule 10 and Order XXII Rule 10 read with Section 151 of the code of Civil Procedure. The executing Court after hearing the objections of respondents had rejected the said application on the ground that the claim of the petitioner to come on record in the said execution proceedings is barred by statute. The impugned order is at Annexure-C.

(2.) FEW facts are necessary to be stated to appreciate the controversy in question.

(3.) ONE Smt. Neelamma had filed a suit in O. S. No. 436/1961 on the file of the Munsiff, Mercara, against one Mr. M. R. Belliappa and Mr. M. R. Subbanna for declaration and possession of the suit schedule properties. After contest, the suit was decreed on 30. 09. 1964 with a direction to deliver the possession of the properties mentioned in "a, B, C, D" schedule in the plaint. As against the said Judgment and Decree dated 30. 09. 1964, one smt. Seethamma, wife of second defendant (Subbanna) and her children filed an appeal in R. A. No. 22/1971 on the file of Civil judge, Mercara, questioning the decree in O. S. 436/1961. The said appeal was dismissed on 18. 04. 1975. As against the dismissal of the said appeal, the legal representatives of second defendant preferred a Regular Second Appeal in RSA. 234/1976 before this court. This Court, by its Judgment and Decree dated 28/29. 08. 1984, confirmed the Judgment and Decree passed in o. S. No. 436/1961. Consequently, the decree has become final. The original decree holder, i. e. , Smt. M. K. Neelamma having died, her four daughters, i. e. , respondents 11 to 14 filed Execution petition No. 39/1996 for delivery of possession of the suit schedule properties. The said execution proceedings, according to the petitioner was well within time.