MEHABOOB Vs. P THIMMAPPA

JUDGEMENT

(1.) Petitioner being the Decree Holder in O.S.No.79/1995 has called in question the Judgment and Order dated 13.12.2018 made by the learned II Addl. Dist. & Sessions Judge, Ballari, in Respondents Execution Appeal No.1/2018, a copy whereof is at Annexure-V, whereby he has held that the said appeal is maintainable.

(2.) After service of notice, the Respondents have entered appearance through their counsel who make submission resisting the writ petition.

(3.) Learned counsel for the Petitioner submits that, the Petitioner had filed O.S.No.79/1995 seeking a decree for specific performance of a contract to sell the suit property; the suit ended in a compromise decree dated 15.07.1999 which was put in Execution Case No.167/2000 and the executing Court has executed and registered a sale deed on 15.07.2015 in respect of half share in the schedule property; the Petitioner had filed a memo seeking issuance of delivery warrant for taking possession of the same. The same was resisted by the Respondents herein by filing I.A.No.29 on the ground that the Respondents have brought the same vide registered sale deed dated 03.06.2009 from one Mr. Y. Bhaskar who had brought it from J.Dr. No.5, by a registered sale deed of 2006.