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Judgment
Hon''ble Mrs. Justice B.V. Nagarathna
This Writ Petition is directed against the order dated 11.2.2011 passed on I.A.3 in Exc.No.18/2008, by the II Addl. Civil Judge (Jr.Dn.), Bangalore Rural Dist., Bangalore (Annexure-E).
Relevant facts of the case are that the petitioner herein has obtained a judgment and decree dated 22.10.2007 against the Respondent herein seeking vacant possession of the suit schedule property. Thereafter the said decree was put in execution in Exc.No.18/2008 before the Court of II Addl. Prl. Civil Judge (Jr.Dn.), Bangalore Rural Dist. at Bangalore. An application was filed seeking for police protection from Bidadi police station, Ramanagaram Taluk for the purpose of executing delivery warrant issued by the executing court. The said application has been dismissed by the executing court. It is against the said order that this Writ Petition has been filed.
I have heard the learned counsel for the petitioner. By order dated 24.11.2011 service of notice on Respondent is held sufficient. There is no representation on behalf of the Respondent. I have perused the material on record.
It is noted that the reason assigned by the executing court for dismissing the application filed by the petitioner herein is because petitioner has not produced any document to show that the suit schedule property comes within the jurisdiction of the executing court. Under the circumstances, executing court has held that no direction can be issued to Bidadi police if the property is situated within the jurisdiction of Ramanagaram District. In the absence of any documents produced by the petitioner herein, trial court would not have come to the conclusion as to whether the suit schedule property was situated within the jurisdiction of the executing court or outside its territorial jurisdiction. Therefore the order impugned in this Writ Petition does not call for any interference as such. However, liberty is given to the petitioner to once again seek help of the jurisdictional police for the execution of the delivery warrant by producing relevant documents before the executing court with regard to location of the property so that trial court could examine as to whether it is empowered to issue a direction to the concerned jurisdictional police to give assistance to the petitioner/D. Hr. to execute the decree.
With the aforesaid observations and directions, this Writ Petition is disposed of.