Andhra Pradesh High Court - Amravati
Narasapuram vs Unknown on 20 July, 2022
1
THE HON'BLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION NO.1337 of 2022
O R D E R:
This Civil Revision Petition is filed questioning the Order dated
13.06.2022 in E.A.No.118 of 2021 in E.A.No.74 of 2021 in E.P.No.51 of
2015 in O.S.No.286 of 2011 on the file of the Senior Civil Judge,
Narasapuram.
02. Heard Sri Aparna Lakshmi, learned Counsel for the Petitioner and
perused the material available on record.
03. The Petitioner is the Judgment Debtor and the respondent is the
Decree Holder in E.P.No.51 of 2015 on the file of the Senior Civil Judge,
Narsapuram.
04. Learned counsel for the petitioner submits that the respondent filed
E.A.No.118 of 2021 in I.A.No.74 of 2021 in E.P.No.51 of 2015 before the
Senior Civil Judge, Narasapuram, to grant police aid and direct the Station
House Officer, Palakol Town P.S. to assist the Amin to execute the
warrant by evicting the petitioner from the EP schedule Property and for
vacant possession. The Executing Court, on erroneous consideration of
the facts, allowed the said E.A.
05. Learned counsel for the petitioner further submits that the
Executing Court ought to have seen that the schedule property in
E.P.No.51 of 2015 in O.S.No.286 of 2011 was transferred in favour of
Veera Rama Tulasi and Koya Venkata Satya Naga Jyothi as Pasupu
Kunkuma on 25.08.2011 i.e., prior to the institution of the suit, and even
though the said fact was known to the respondent, he has not made them
as party either to the suit or to the EP Proceedings and as such, the
Warrant issued in E.A.No.118 of 2021 in E.A.No.74 of 2021 in E.P.No.51
of 2015 in O.S.No.286 of 2011 is not maintainable and the same is liable
to be dismissed. The Executing Court ought to have seen that the suit
schedule property is government land and unless rightly settled in favour
of the respondent, the suit schedule property is not liable for attachment
or delivery of the suit schedule property. The Executing Court ought to
have seen that against the Orders passed in E.A.No.262 of 2019, which
was filed for production of documents by the Secretary, Grampanchayat,
to establish that the suit schedule property belongs to the Government
and is a poramboke land, CRP No.614 of 2020 is filed and the same is
pending for consideration. The Executing Court ought to have seen that
the petitioner is suffering with age old ailments and could not comply by
depositing the decretal amount, and if sufficient time is given, he is ready
to comply with decree in O.S.No.286 of 2011. Therefore, he prayed to
allow the present Civil Revision Petition.
06. Having heard the submissions of the respective counsel and upon
perusal of the material available on record, it appears, the respondent
participated in the auction and stood as highest bidder. Thereafter, since
he made payment in terms of the auction, sale certificate was issued to
the respondent on 15.09.2021. Thereafter, the respondent filed the
Execution Petition to deliver the possession of the EP schedule property.
Accordingly, the Executing Court was pleased to issue a delivery warrant
to the Amin to deliver the possession of the same to the respondent after
evicting the petitioner. On 16.11.2021 when the Amin along with the
respondent went to EP schedule property for obtaining delivery of the
schedule property, the daughter of the petitioner resisted for execution of
the warrant. Thereafter, the respondent filed E.A.No.118 of 2021 for grant
of police aid and direct the Station House Officer, Palakol Town P.S. to
assist the Amin to execute the warrant by evicting the petitioner from the
EP schedule Property and for vacant possession and the same was
allowed by the Executing Court. The Executing Court, on perusal of the
Amin Report, noticed that the daughter of the petitioner obstructed for
delivery of the possession of the schedule property to the respondent, and
as such, the Executing Court rightly granted Police Aid while directing the
S.H.O. Palakol Town Police Station to assist the Amin in execution of the
delivery warrant.
07. Therefore, this Court do not find any irregularity or illegality in the
order passed by the trial Court in E.A.No.118 of 2021 in E.A.No.74 of 2021
in E.P.No.51 of 2015, and accordingly, this Court is not inclined to
interfere into the Order passed by the Executing Court. Therefore, the
present Civil Revision Petition is liable to be dismissed.
8. Accordingly, this Civil Revision Petition is dismissed.
9. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending in this case shall
stand closed.
______________________
JUSTICE BATTU DEVANAND
Dt. 20 .07.2022
eha
THE HON'BLE SRI JUSTICE BATTU DEVANAND
CIVIL REVISION PETITION NO.1337 of 2022
Dt. 20-07-2022
eha
