LEELAVATHI ALIAS RAJAN BAI Vs. SHARADA

JUDGEMENT

(1.) Decree of eviction passed against deceased father of respondents in R.C. O.P. No. 9 of 1964 on the file of the Munsitf, Mangalore was set aside in Appeal No. 56 of 1967 by District Court/ Mangelore, but, restored in C.R.P. No. 1879 of 1968 by this Court. Operative portion of the order of Civil Revision Petition reads thus :-

(2.) Thereafter, legal notice have been exchanged ; tenants demanding possession, owner denying right of restoration. Even contempt proceedings have been initiated-in CCC 102 of 1973 filed by some other tenant, first petitioner gave an undertaking to construct ground floor of new building in T.S. No. 186 of 1982 of 13th Cross, Mangalore City as per building licence dated 11/16-11-1976 and to complete the same within the period stipulated in licence, subject to setback of 10 feet of building from the road boundary, if permitted by the Muncipality. In CCC 132 of 1977 filed by present respondents, this Court has ordered thus : -

(3.) As petitioner failed to restore possession or induct deceased Kochappa Devadiga or present respondents who are his legal representatives, an Execution Case No. 323 of 1978 was filed on the file of Munsiff, Mangalore, seeking restoration of possession. Petitioner raised various objections for execution including maintainability. Unfortunately that execution petition was dismissed for default on 9-6-1983. Thereafter, I.A.I, was filed in C.R.P. No. 1879 of 1968 seeking amendment of order of this Court. Amendment sought for was to include following para in operative portion of the order which reads thus : -