Unknown vs The
2023 Latest Caselaw 4129 AP

Citation : 2023 Latest Caselaw 4129 AP
Judgement Date : 8 September, 2023

Andhra Pradesh High Court - Amravati

Unknown vs The on 8 September, 2023

    HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

     CIVIL REVISION PETITION No.2221 of 2023

ORDER:

The respondents herein had filed O.S.No.626 of 1997

before the Learned I Additional Junior Civil judge, Tanuku

for removal of a sunshade and pial which were earmarked

as AEFG and GFHI respectively, in the plaint plan annexed

to the plaint.

2. This suit was decreed by the Trial Court and

E.P.No.66 of 2018 came to be filed for execution of the

decree of the Trial Court.

3. The decree of the Trial Court reads as follows:

" That the defendants are directed to remove the sunshade and pial extended by him into the lane portion indicated as 'AEFG'; defendants 3 to 5 to remove the construction made by them in 'GFHI' portion by laying sunshade and constructing pial within months from the date of this judgment;"

4. At the stage of execution of the decree, the

petitioner herein moved an application which was numbered

as S.R.No.5807 of 2022 in E.P.No.66 of 2018 in O.S.No.626

of 1997. This application, said to have been filed under

Section 47 of C.P.C., sought an enquiry about the actual

width of lane ABCD as shown in the plaint plan and the exact

extent of sunshade and pial encroached by the petitioner in

the lane portion indicated as AEFG in the plaint plan with the

help of a Mandal Surveyor.

5. This application was returned by the Executing

Court on the ground that such an enquiry would require the

Executing Court to go behind the decree.