PONNAPPA AND OTHERS Vs. KATALASAHEB AND OTHERS

JUDGEMENT

(1.) Petitioners are plaintiff's in O.S. No.931 of 2008. Said suit was filed for possession of the suit property from the defendants after terminating their tenancy. Suit was decreed on 03rd February 2014 directing delivery of possession and also for holding enquiry regarding mesne prof its.

(2.) Regular Appeal No.35 of 2014 filed by defendants against the said order was dismissed on 22nd July 2014. Regular Second Appeal No.100696 of 2014 was also dismissed on 29th October 2014. Special Leave petition bearing SLP No.1118 of 2015 filed against the said judgment was also dismissed on 22nd January 2015 granting time till the end of June 2015 to vacate the premises, making it clear that if defendants failed to vacate the premises as ordered, they would beliable for contempt. It was also made clear that they shall also pay arrears of rent within four weeks. This order is produced at Annexure 'F' .

(3.) Defendants did not vacate the premises as directed by the Apex Court. Plaintiff's have instituted execution proceedings in E.P. No.726 of 2014. The judgment debtors / defendants raised objection contending that in the judgment passed by trial court as also the appellate court, the suit property in one place had been referred to as Sy. No.32/2/2A and not as 35/2/2A and therefore, until and unless the mistake was corrected, decree could not be executed.