A CHIDAMBER Vs. LEELA

JUDGEMENT

(1.) This second appeal arises out of a decree passed on 19th February 1988 by the I Additional Civil Judge, Mangalore, in R.A. No. 84/86.

(2.) The respondent obtained an order of eviction in H.R.C. No. 214/76 against the father of the appellant. That order of eviction was put into execution. The appellant resisted the application on the ground that he has been in possession of the property other than the one covered under the eviction order passed in H.R.C. No. 214/76 on the file of the I Additional Munsiff, Mangalore and therefore, under the guise of eviction order passed in H.R.C. No. 214/76, he should not be dispossessed from the property which does not form part of the order of eviction.

(3.) The Executing Court rejected the application holding that the appellant had no locus standi to maintain the same by the order dated 10-7-1986 passed Ex. Case No.185/86. Aggrieved by the aforesaid order, the appellant went up in appeal in R.A. No. 84/86 before the Civil Judge, Mangalore, which was heard and disposed of by the 1st Additional Civil Judge, Mangalore. The learned Civil Judge has rejected the appeal on the ground that it is not maintainable. Hence this second appeal.