Ankireddy Krishna vs Smt. Ankireddy Narayanamma And 2 ...
2022 Latest Caselaw 4701 Tel

         THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

         CIVIL REVISION PETITION No.1992 of 2022

ORDER:

This Civil Revision Petition, under Article 227 of the

Constitution of India, is filed by the revision petitioner/Judgment

Debtor, aggrieved by the docket order dated 02.03.2022 passed

in E.P.No.459 of 2019 in O.S.No.1313 of 2003 by the learned II

Senior Civil Judge, Medchal-Malkajgiri, at Malkajgiri, wherein the

Court below issued fresh delivery of possession warrant and

posted the matter to 28.04.2022.

2. Heard the learned counsel for the revision petitioner/

Judgment Debtor and perused the record.

3. As seen from the material placed on record, the

respondents herein/Decree Holders filed the subject E.P.No.459

of 2019 against the revision petitioner/Judgment Debtor. On

14.02.2020, the Court below was pleased to pass the following

order:

"JDR Absent. DHR Counsel stated that service on Respondent was already given on 29.11.2019. No representation for JDR. Hence JDR set Exparte. Heard the DHR Counsel. Issue Delivery Warrant on Process. Call on 01.04.2020."

4. In the course of submissions, it is brought to the notice of

this Court by the learned counsel for the revision petitioner/

Judgment Debtor that an application to set aside the ex parte

order dated 14.02.2020 passed in the subject E.P, has been filed

by the revision petitioner/Judgment Debtor and the same is

pending before the Court below.

5. It is pertinent to state that when an application to set

aside the ex parte order dat`ed 14.02.2020 passed in the

subject E.P, is pending before the Court below, the revision

petitioner/ Judgment Debtor has to agitate his grievance in the

pending E.P itself. Without adjudication of the application to set

aside the

ex parte order dated 14.02.2020, the request of the revision

petitioner/Judgment Debtor in this Civil Revision Petition seeking

to set aside the impugned order dated 02.03.2022 passed by

the Court below in issuing warrant of delivery of possession,

cannot be acceded. It is needless to state that the revision

petitioner/Judgment Debtor is at liberty to challenge the ex

parte proceedings in the pending E.P.

6. With the above observations, this Civil Revision Petition is

disposed of.

Miscellaneous petitions, pending if any, in this Civil

Revision Petition, shall stand closed. No costs.

____________________ Dr. SHAMEEM AKTHER, J Date: 16.09.2022 scs