C.K. KHADEEJA Vs. M.P. SIDDAIAH

JUDGEMENT

(1.) Petitioner decree holders are knocking at the doors of Writ Court assailing the order dated 11.07.2014 made by the learned Principal Sr. Civil Judge, Mysore dismissing their Execution Petition No. 601/2010, inter alia contending that the dismissal of their earlier execution proceedings in E.P. No. 109/2007 vide order dated 07.11.2009 was because of the mistake of the executing court and not theirs. The respondent-judgment debtors after service of notice having entered appearance through their counsel and having filed the Statement of Objections resist the writ petition.

(2.) Petitioners being the plaintiffs in a Civil Suit in O.S. No. 521/1986 for a decree of specific performance of four Agreements to Sell of the year 1983 and 1984 obtained a judgment and decree on 12.04.1994 against the respondents herein, which required execution of Sale Deed by the respondents after receiving balance of consideration.

(3.) Petitioners had put this decree in enforcement by filing Execution Petition No. 109/1997 which came to be dismissed for default on 07.11.2009 allegedly for their fault in not taking the steps. Subsequently the petitioners levied a fresh execution in Execution Petition No. 601/2010 on 30.07.2010 which too came to be dismissed on the ground that there was no mistake on the part of the Court in dismissing the earlier Execution Petition and therefore the present one is barred by limitation. This order is put in challenge in the present writ petition.