THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.5117 of 2014 Between: P.Narsimha Reddy And Dated 31st December, 2014 …Petitioner Modem Lingamaiah (died per LRs) and others …Respondents Counsel for the petitioner: Sri Resu Mahender Reddy Counsel for the respondents: ----
The Court made the following:
ORDER:
This civil revision petition arises out of order, dated 22.12.2014, in E.P.No.62 of 2014 in O.S.No.142 of 1990, on the file of the learned Principal Junior Civil judge, Ranga Reddy District.
The petitioner is the judgment debtor in O.S.No.142 of 1990 (the learned counsel for the petitioner has stated that suit number is wrongly mentioned, while its correct number is O.S.No.148 of 1990). The suit filed by respondent Nos.2 and 3 for declaration of title and recovery of possession was dismissed by the trial Court. However, the lower appellate Court has decreed the suit in the appeal filed by respondent Nos.2 and 3. Feeling aggrieved by the said judgment and decree, the petitioner has filed a second appeal which was also dismissed by this Court. As these judgments were confirmed by the Supreme Court in a civil appeal, respondent Nos.2 and 3 filed EP seeking execution of the decree. The petitioner has filed a counter affidavit, wherein he has raised an objection that the EP schedule property does not contain the boundaries. The lower Court has, however, rejected the said objection and allowed the EP by the order under revision.
At the hearing, it is not disputed that the schedule mentioned in the EP is the same as mentioned in the suit. When the petitioner failed to satisfy this Court and the Supreme Court to reverse the decree on the ground of absence of boundaries, such an objection cannot be considered as germane in the EP. Therefore, the lower Court has rightly dismissed the EP.
Hence, I do not find any reason to interfere with the order of the lower Court and accordingly, the civil revision petition is dismissed.
As a sequel to dismissal of the civil revision petition, C.R.P.M.P.No.6927 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 31st December, 2014
VGB