T Venkateswara Rao vs Chulukoti Vijayalakshmi
2021 Latest Caselaw 5258 AP

    THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

           CIVIL REVISION PETITION No.135 of 2020

ORDER:-

      The respondent herein had filed O.S.No.225 of 2013 in

the Court of the Principal Senior Civil Judge, Machilipatnam,

for recovery of money, against which security had been given

by way of mortgage of the suit schedule property. This suit

was preliminarily decreed on 10.08.2017 and final decree was

passed on 06.03.2019. Thereafter, the 1st respondent had filed

E.P.No.30 of 2019, for execution of the said decree. While the

said E.P. was pending, the petitioner herein along with other

Judgment Debtors had filed E.A.No.155 of 2019, seeking

summons to be issued to the Tahsildar, Machilipatnam, to

produce the records pertaining to Assignment Register

B34389/81 and title of 9th ward RS.No.377 of Balaramunipet,

Machilipatnam on the ground that the suit schedule property

is assigned land and cannot be sold. This application was

contested by the 1st respondent. The said application was

dismissed, by way of an order dated 20.11.2019. Aggrieved by

the same, the petitioner who is the 1st Judgment Debtor in the

Execution Petition has filed the present Civil Revision Petition.

2. Heard Sri Sai Gangadhar Chamarthy, learned

counsel for the petitioner/1st Judgment Debtor and Sri

Narasimha Rao Gudiseva, learned counsel for the 1st

respondent/Decree Holder.

3. The contention of the petitioner is that the suit

schedule property is an assigned land and the same can be

demonstrated by production of records available with the

Tahsildar. After considering the contention of both sides, the

trial Court had dismissed the application on the ground that

the said application was an attempt to prolong the execution

petition.

4. However, any cloud cast over the title to the suit

schedule property will result in the property being sold at a

much lower price and the question of whether the said

property is assigned land or not will remain.

5. In the circumstances, to obviate any further

dispute or doubt over the title to the land and the question

whether the said land was assigned land or not, it would be

appropriate to allow this Civil Revision Petition, by setting

aside the order dated 20.11.2019, with a direction to the trial

Court to issue summons to the Tahsildar, Machilipatnam and

complete examination of the said person and marking of the

documents produced by the said person, within a period of

two weeks from the date of receipt of this order.

6. Needless to say, the petitioner shall cooperate and

in the event of any non cooperation of the petitioner, it would

be open to the trial Court to dismiss the application again. The

trial Court is further directed to dispose of the Execution

Petition as expeditiously as possible.

7. Accordingly, the Civil Revision Petition is allowed.

There shall be no order as to costs.

Miscellaneous Petitions, if any pending, in this Civil [[

Revision Petition, shall stand closed.

________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 15-12-2021 RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CIVIL REVISION PETITION No.135 of 2020

15-12-2021

RJS