THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CIVIL REVISION PETITION No.1992 of 2022
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the revision petitioner/Judgment Debtor, aggrieved by the docket order dated 02.03.2022 passed in E.P.No.459 of 2019 in O.S.No.1313 of 2003 by the learned II Senior Civil Judge, Medchal-Malkajgiri, at Malkajgiri, wherein the Court below issued fresh delivery of possession warrant and posted the matter to 28.04.2022.
2. Heard the learned counsel for the revision petitioner/ Judgment Debtor and perused the record.
3. As seen from the material placed on record, the respondents herein/Decree Holders filed the subject E.P.No.459 of 2019 against the revision petitioner/Judgment Debtor. On 14.02.2020, the Court below was pleased to pass the following order:
"JDR Absent. DHR Counsel stated that service on Respondent was already given on 29.11.2019. No representation for JDR. Hence JDR set Exparte. Heard the DHR Counsel. Issue Delivery Warrant on Process. Call on 01.04.2020."2
4. In the course of submissions, it is brought to the notice of this Court by the learned counsel for the revision petitioner/ Judgment Debtor that an application to set aside the ex parte order dated 14.02.2020 passed in the subject E.P, has been filed by the revision petitioner/Judgment Debtor and the same is pending before the Court below.
5. It is pertinent to state that when an application to set aside the ex parte order dat`ed 14.02.2020 passed in the subject E.P, is pending before the Court below, the revision petitioner/ Judgment Debtor has to agitate his grievance in the pending E.P itself. Without adjudication of the application to set aside the ex parte order dated 14.02.2020, the request of the revision petitioner/Judgment Debtor in this Civil Revision Petition seeking to set aside the impugned order dated 02.03.2022 passed by the Court below in issuing warrant of delivery of possession, cannot be acceded. It is needless to state that the revision petitioner/Judgment Debtor is at liberty to challenge the ex parte proceedings in the pending E.P.
6. With the above observations, this Civil Revision Petition is disposed of.
3
Miscellaneous petitions, pending if any, in this Civil Revision Petition, shall stand closed. No costs.
____________________ Dr. SHAMEEM AKTHER, J Date: 16.09.2022 scs