A SOUNDER Vs. V SRINIVAS AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is filed by the objector in E P No.2670/2015 on the file of the XIX Additional Small Causes Judge, at Bengaluru, aggrieved by rejection of his application filed under Order 21, Rule 97 of CPC.

(2.) The facts of the case to be stated in brief are that the respondent Nos.1 to 4 filed SC No.2414/2011 for ejectment of 5th respondent herein on the ground that they are the owners of the suit property. They requested the respondent No.5 to vacate and handover the vacant possession of the suit schedule property. The said suit was decreed by the judgment and decree dated 21.9.2012. In CRP No.479/2012 by the order dated 6.2.2013, the above judgment and decree was set aside by this Court and matter was remanded. By the judgment and decree dated 29.7.2013, the suit was decreed directing the 5th respondent to vacate and handover the vacant possession of the suit schedule property within three months and directed respondent No.5 to pay damages of Rs.3,000/- per month to the plaintiff.

(3.) The above judgment and decree was subject matter of challenge in C R P No.472/2013 at the instance of the 5th respondent and it was dismissed by the order dated 30.9.2015 granting four months to vacate.