PONNURANGAMMA Vs. INDIRA DEENADAYALU NAIDU

JUDGEMENT

(1.) This Execution First Appeal is preferred against the order passed by the IV Addl. City Civil and Sessions Judge, Bengaluru, in Ex. No.25203/2013 dated 16.8.2018 dismissing IA No.1/2013 filed by the Judgment Debtors (the appellants herein) u/s.47 read with Order XXI Rules 97, 99 and 101 of CPC. The said order is challenged before this court on various grounds which I am going to discuss little later.

(2.) The brief factual matrix of the case is relevant to be referred before adverting to the grounds urged by the appellants before this court which are virtually undisputed facts.

(3.) The respondents 1 to 4 as plaintiffs had filed a suit in OS No.16168/1999 against the appellants (as defendants) and Others for ejectment and for delivery of vacant possession of the suit schedule property to the plaintiffs. The appellants and Others had contested the said suit by filing their written statement. After framing issues and providing opportunity to the parties to lead evidence and after considering in detail the case of the parties, the trial Court i.e., IV Addl. City Civil and Sessions Judge, Mayo Hall, Bengaluru decreed the suit vide judgment dated 7.12.2008. Being aggrieved by the same, the appellants and Others who are the defendants in the Original Suit had preferred an appeal before this court in RFA No.86/2009 and after due contest, the said appeal came to be dismissed vide order dated 6.9.2011.