Endapalle Reddeppa vs Endapalle Sreenivasulu
2023 Latest Caselaw 2607 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

         CIVIL REVISION PETITION No.1174 of 2023

JUDGMENT:-

1.    Heard Sri M. Venkataramana Reddy, learned counsel for

the plaintiff/petitioner/decree holder.

2.    This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-


             "It is therefore prayed that the Hon'ble Court may be
       pleased to set aside the order dated 23.01.2023 in
       S.R.No.9772/2019 in O.E.P.No.75 of 2015 in O.S.No.65 of
       2006 on the file of Principal Senior Civil Judge Court,
       Madanapalle and consequently direct the Principal Senior
       Civil Judge Court, Madanapalle to deliver the possession
       of plot Nos.3 to 6 which were allotted to the share of
       decree holder in the final decree and pass such other or
       further orders as this Hon'ble Court may deem fit and
       proper in the circumstances of the case."


3.    O.S.No.65 of 2006 was filed for partition in which

preliminary decree, was passed on 30.10.2006. Subsequently

on the petitioner's I.A.No.2 of 2008, the final decree was

prepared. The petitioner filed E.P.No.75 of 2015 for execution,

by delivery of possession upon which the Court issued the

delivery warrant to deliver vacant possession of the Plot Nos.1 to

5 allotted to the petitioners in the final decree. The Field
                                  2


Assistant filed report dated 21.09.2019 that the Plot Nos.1 & 2

were delivered to the decree holder but some construction was

going on in Plot Nos.3 to 5. The delivery of those plots could not

be made to the petitioners.

4.    On perusal of such report, by order dated 23.01.2023, the

Execution Court/Principal Senior Civil Judge, Madanapalle

considered it necessary to make enquiry and directed issuance

of notice to the respondents herein, the judgment debtors.

5. Challenging the aforesaid order dated 23.01.2023, the

present revision has been filed by the plaintiff decree holder.

6. Learned counsel for the petitioner could not point out any

illegality in the impugned order for issuance of notice to the

respondents judgment debtor. His only submission is that Plot

Nos.1 and 2 were delivered and as such Plot Nos.3 to 5 should

also have been delivered.

7. The Execution Court in consideration of the report

submitted, finding that as per the report some constructions

were being raised on Plot Nos.3 to 5, considered it appropriate

to issue notice to the judgment debtor to afford opportunity. In

this respect this Court does not find any illegality in the

procedure adopted by the Execution Court.

8. In the exercise of the jurisdiction under Article 227 of the

Constitution of India, this Court does not find any reason to

interfere with the order of the Execution Court.

9. The petition is dismissed.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 28.04.2023 SCS FFFFFFFFFHGHHHHHHHHHHGGGGGGGFFFKKKKKKKKKK KKKKJJJJJKFDASDFKKKKLKKLHGGGFFFFFFFDSSSSSGG GGGGGGHHHHHGHFSDAFSDAHLFJHSDFJASD

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

CIVIL REVISION PETITION No.1174 of 2023

Date: 28.04.2023

Scs