M/S L.B. Builders vs Iqbal
2025 Latest Caselaw 4217 Tel

Telangana High Court

M/S L.B. Builders vs Iqbal on 24 June, 2025

Author: G.Radha Rani

Bench: G.Radha Rani

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     THE HONOURABLE DR.JUSTICE G.RADHA RANI

        CIVIL REVISION PETITION No.1822 of 2019

ORDER:

This Civil Revision Petition is filed by the petitioner/builder,

challenging the order passed in E.P No.83 of 2019 in O.S No.49 of 1999

dated 03.05.2019 on the file of the I Additional Chief Judge, City Civil

Court at Secunderabad.

2. Heard learned counsel for the petitioner as well as learned counsel

for the respondent.

3. Learned counsel for the petitioner challenged the maintainability of

the E.P on the ground that no schedule was appended to the execution

petition, but a warrant was issued.

4. Learned counsel for the respondent submitted that a schedule was

appended to the E.P by showing plot numbers 502 in the 5th floor, 203 in

the 2nd floor and 504 in the 5th floor and there is no irregularity or

illegality in the order passed by the trial Court. He further submitted that

the JDR handed over possession of the said plots also to the decree holder

but however, had not furnished the NOC/Occupancy certificate from

GHMC which he was required to be filed.

5. On a perusal of record, this Court finds that a schedule was

appended to the Execution Petition. As such, this Court considers that

there is no illegality or irregularity in the order passed by the trial Court

in issuing warrant against the JDR.

6. However, considering the submissions made by the learned counsel

for the respondent, and as the judgment and decree also would reflect the

same, the petitioner is directed to furnish the necessary certificates of

NOC/Occupancy certificate as required to be furnished as per the

mandate of law.

7. With the said observation, the Civil Revision Petition is closed. No

order as to costs.

As a sequel, miscellaneous applications pending in this petition if

any, shall stand closed.

____________________ Dr. G.RADHA RANI, J Date: 24.06.2025 dsv.