Peddi Laxminarayana vs Meka Jayaraj And 5 Others
2021 Latest Caselaw 2760 Tel

     THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

                       C.R.P.No.217 OF 2020
ORDER:

1. This civil revision petition is directed against the order dated

09.01.2020 in I.A.No.662 of 2019 in A.S.No.100 of 2019 passed by

the learned I-Additional District Judge, Karimnagar, whereby the

learned Judge had dismissed the application filed by the petitioner

herein under order XLI Rule 5 CPC seeking to stay the operation of

the order dated 15.07.2019 in E.A.No.25 of 2016 in E.P.No.228 of

2003 in O.S.No.1560 of 1993, on the file of the Principal Junior Civil

Judge, Karimnagar.

2. Heard learned counsel for the petitioner and learned counsel for

the respondents. Perused the records.

3. The 1st respondent herein/plaintiff filed the suit O.S.No.1560 of

1993 before the Principal Junior Civil Judge, Karimnagar against the

defendants 1 and 2 (respondents 2 and 3 herein) seeking recovery of

possession of suit plot from the defendants. The learned trial court by

judgment dated 02.11.1998 decreed the suit in part directing the

defendants to pay a sum of Rs.15,000/- to the plaintiff towards sale

consideration of the plaint of which recovery of possession was

sought. Aggrieved by the said judgment, the plaintiff filed A.S.No.6

of 1999 before the II-Additional District Judge, Karimnagar and the

same was allowed on 05.03.2003 by setting aside the judgment and

decree of the trial court and directing the defendants to deliver

possession of the suit property to the plaintiff. Thereafter, the decree

holder/plaintiff filed E.P.No.228 of 2003 in O.S.No.1560 of 1993

seeking execution of the decree in O.S.No.1560 of 1993. Thereafter,

the 1st respondent/decree holder filed E.A.No.25 of 2016 in

E.P.No.228 of 2003 for demolition of the portion of building of the

petitioner herein (defendant No.5) alleging that the said building was

constructed illegally and is blocking the passage of the suit plot.

The petitioner herein filed counter in the EA. The executing court by

order dated 15.07.2019 in E.A.No.25 of 2016 directed the petitioner

herein to remove the part of his building within 10 days, failing which

the 1st respondent herein is entitled to remove part of the building of

the petitioner herein. Aggrieved thereby, the petitioner herein filed

A.S.No.100 of 2019 before the I-Additional District Judge,

Karimnagar. Along with the appeal, the petitioner has filed also filed

I.A.No.662 of 2019 seeking stay of operation of the order dated

15.07.2019 in E.A.No.25 of 2016 in E.P.No.228 of 2003 in

O.S.No.1560 of 1993, on the file of the Principal Junior Civil Judge,

Karimnagar. By the impugned order dated 09.01.2020, the appellate

court dismissed I.A.No.662 of 2019. Hence, the revision.

4. Be that as it may, it is considered that, instead of going into the

merits of the case at this stage, the ends of justice would be met by

directing the trial Court to decide E.A.No.25 of 2016 as expeditiously

as possible. Till then, the order dated 15.07.2019 in E.A.No.25 of

2016 in E.P.No.228 of 2003 in O.S.No.1560 of 1993 passed by the

learned Principal Junior Civil Judge, Karimnagar is hereby stayed

pending disposal of the A.S.No.100 of 2019.

5. The civil revision petition is, accordingly, disposed of. There

shall be no order as to costs.

6. Miscellaneous petitions, if any pending, shall stand closed.

______________________________ JUSTICE T. AMARNATH GOUD

Date: 23.09.2021 Lrkm