P Nagulappa vs Thoti Narayanamma
2023 Latest Caselaw 1139 AP

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        THE HON'BLE DR.JUSTICE K. MANMADHA RAO

                     C.R.P.No.1068 of 2020

ORDER:

This Revision Petition, under Article 227 of the Constitution

of India, is preferred in not disposing of the E.A.No.374 of 2010 in

O.E.P.No. 67 of 2009 in O.S.No. 101 of 1984 on the file of the

Court of Principal Junior Civil Judge, Punganur, though E.A is

filed seeking to brought the revision petitioner and his brother as

legal heirs of 1st J.Dr on record, but not pursued the E.A on the

other hand interfering E.P schedule property.

2. Heard Mr. P.S.P.Suresh Kumar, learned counsel for the

petitioner and Mr. S.V.Muni Reddy, learned counsel for the

respondents.

3. During hearing learned counsel for the petitioner would

contend that the E.P was filed seeking to pass final decree and to

execute the registered Sale Deed pursuant to agreement of sale,

but pending E.P, the D.Hr highhandedly entered on 13.09.2020

and laid a thorny bush fencing without getting final decree

proceedings vide SAMP 1858 of 2016 in SAMP No.2497 of 2011

(Review the order) in S.A.No.29 of 2004, since 2011. Further it is

contended that the respondents under the guise that they succeed

in the appeal, stating that E.P may take time and there is no order

for recalling the judgment passed in S.A.No.29 of 1994, dated

16.03.2004. Though, the petitioner filed Adangal and 1-B extract

to show that he is in possession of the property. Therefore,

requesting to direct the trial court to dispose of the E.A.No.374 of

2010 in O.E.P.No.67 of 2009 in O.S.No.101 of 1984.

4. Having regard to the facts and circumstances of the case,

upon perusal of the record and considering the submissions of

both the counsel, this Court opines that the petitioner made a

limited request to direct the trial court to dispose of the E.A.No.

374 of 2010 in O.E.P.No.67 of 2009. In view of limited request

made by the petitioner, this Court inclined to allow the C.R.P,

while directing the Principal Junior Civil Judge, Punganur to

dispose of the E.A.No.374 of 2010 in O.E.P.No.67 of 2009 in

O.S.No.101 of 1984 and pass appropriate orders in accordance

with law, as expeditiously as possible, preferably within eight (08)

weeks from the date of receipt of a copy of this order.

5. With the above direction, the C.R.P is allowed. There shall

be no order as to costs.

As a sequel, miscellaneous applications pending, if any,

shall also stand closed.

___________________________________ DR.JUSTICE K. MANMADHA RAO Date: 24.02.2023.

KK

THE HON'BLE DR.JUSTICE K. MANMADHA RAO

C.R.P.No.1068 of 2020

Date: 24.02.2023.

KK