BHAGYAMMA Vs. K SOMASHEKAR

JUDGEMENT

(1.) Heard Mr.G.Balakrishna Shastry, learned counsel for the petitioners and Mr.M.N.Madhusudhan, learned counsel for the respondent No.1.

(2.) In this revision petition preferred under Section 115 of Civil Procedure Code, 1908 (hereinafter referred as the 'Code') the petitioner, inter alia, has assailed the order dated 22.10.2016 passed by the trial Court, by which, an application under Order 21 Rule 35 of Code has been allowed.

(3.) The facts giving rise to filing of this petition briefly stated are that the respondent No.1 had filed a suit seeking the relief of specific performance of the contract dated 28.05.2008. The aforesaid suit was decreed on 26.11.2013. The aforesaid decree was challenged by respondent Nos. 2 and 3 in appeal before this Court which was dismissed by order dated 14.03.2014. The decree passed by this Court was upheld by the Supreme Court vide order dated 12.09.2014 passed in SLP No.11908/2014. The respondent No.1 initiated proceedings for execution.