MAHASHETTIWAR DIGAMBER Vs. P PRABODH KUMAR

JUDGEMENT

(1.) The petitioner/J.Dr. No.3 aggrieved by the order dated 27.2.2018 in E.P. No.7 of 2015 in O.S. No.7 of 1980 passed by the Junior Civil Judge of Adilabad District at Bhainsa, preferred this appeal.

(2.) The brief facts of the case are that the 1st respondent filed E.P. No.7 of 2015 under Order 21 Rule 35 C.P.C. seeking to direct the Judgment Debtors to deliver the possession of portion-B property allotted to the decree holder in the suit mulgi, as the executing petitioner has purchased the same from the decree holder through a registered sale deed dated 27.5.2015. He further sought permission to construct portion wall dividing the portion 'A' and 'B' for better enjoyment of the mulgi. The petitioner is not a party to the O.S. No.7 of 1980 for partition. The suit is decreed, against which the Judgment Debtors preferred A.S. No.1 of 1986, which was dismissed on 13.11.1992. Aggrieved by the same, they filed S.A. No.63 of 1993 before the High Court and the same was also dismissed in the year 2002.

(3.) Maruthi Bele, vendor of the executing petitioner, filed a final decree application in I.A. No.90 of 2006, wherein a final decree was passed on 15.9.2008 and portion-B property was allotted to the plaintiff by delivering the possession of respective half share.