(1.) PETITIONERS, being aggrieved by the impugned judgment ad order dated 3rd August 2004 passed in Execution No. 41/1999 on the file of the learned Civil Judge (Jr. Dvn.) and JMFC at Gubbi, have presented the instant revision. Further, petitioners have sought to issue appropriate direction to issue an appropriate warrant to the surveyor to deliver possession of 01 acre 39 guntas of land in Sy. No. 101/1 and 101/2 in changavikaval Grama, Chandrashekharapur Village, Gubbi Taluk to the plaintiffs-decree holders.
(2.) THE undisputed facts of the case are that, these two petitioners had earlier filed a Regular Second Appeal before this Court in R. S. A. No. 445/1993 being aggrieved by the judgment and decree passed in R. A. No. 1181/1986 dated 24th February 1993, setting aside the judgment and decree passed in O. S. No. 99/1975 on the file of the Munsiff and JMFC, gubbi dated 8th September 1986. The said matter had come up for consideration before this Court and this Court, after hearing, allowed the regular Second Appeal filed by petitioners and the order passed by the lower Appellate Court was set aside declaring that, the plaintiffs -petitioners are entitled to 01 acre 39 guntas and defendant - respondent herein is entitled to remaining 01 acre in Sy. No. 101 and 102 situate at changavi Kaval Grama, Chandrashekarapur Village, Gubbi Taluk as mentioned at item No. 4. Further this Court ordered and decreed that, the executing Court shall appoint a Commissioner and divide the property with the help of a surveyor and deliver possession of 01 acre 39 guntas in the lands to the plaintiffs-petitioners and 01 acre of land to the defendant-respondent. Further, this Court ordered and decreed that, while directing possession of 01 acre 39 guntas, the earlier enjoyment of 20 guntas by the first plaintiff on the northern side and 19 guntas on the southern side by the second plaintiff shall be delivered as far as possible taking into consideration the equity and accordingly, disposed of the Regular Second appeal filed by petitioners herein. After disposal of the Regular Second appeal filed by petitioners herein, petitioners herein have filed the execution petition in Ex. No. 41/1999 on the file of the learned Civil Judge (Junior Division) at Gubbi. The said matter had come up for consideration before the Executing Court on 3rd August 2004. The Executing Court, after hearing, has dismissed the execution petition filed by petitioners holding that, the execution petition filed by petitioners is not maintainable, in the present form. Being aggrieved by the impugned order passed by the executing Court, petitioners herein felt necessitated to present the instant revision petition, seeking appropriate reliefs, as stated supra.
(3.) I have heard learned Counsel appearing for petitioners and learned counsel appearing for respondent.