MUDUKAPPA HANUMAPPA HADAPAD Vs. DAVALAWWA

JUDGEMENT

(1.) This is a decree-holder's revision under Section 115 C.P.C. He sued for execution of decree obtained by him in O.S.No. 164 of 1965. The said compromise decree was passed on 22-6-86. One of the terms of the compromise decree was that the land bearing Sy.No. 86 belonging to plaintiff and Sy.No. 87/1 belonging to the defendants shall be got surveyed and then the parties shall get their titles declared. The final result of the survey will be binding on both the plaintiffs and the defendants. We may not refer to other terms as it is not necessary to do so.

(2.) The defendant, after the compromise decree was drawn up, filed execution petition against the plaintiff in Execution Petition No. 83 of 1967. In that proceeding, a surveyor was appointed at her instance for surveying the land as per the compromise decree. Surveyor submitted his report. The defendant did not agree with the Commissioner's report as she contended it was full of errors. She got the execution petition disposed of on 24-6-1969, despite the objections by the present revision petitioner who was the Judgment debtor in that execution proceedings. He did not question that disposal.

(3.) Thereafter, in 1978, he presented execution petition No. 5 of 1978 seeking attachment of the properties of the defendant for disobedience of the decree in terms of Rule 32 of O. 21 C.P.C. The original defendant resisted the same inter alia contending that there was no final adjudication. There was no injunction by the Court which she had disobeyed. That contention has been upheld by the executing court and the execution petition has been dismissed. These facts are not in dispute.