ABDULSAB HUSENSAB BALAKUNDI Vs. IRAPPA KALAKAPPA CHALLAPPANAVAR

JUDGEMENT

(1.) THIS Revision Petition is filed under Section 115 of CPC challenging the order dated 18.10.2005 passed in Execution Petition No.10/1999. By the said order, the court below has dismissed the Execution Petition filed holding that no action under Order XXI Rule 32 of CPC could be maintained.

(2.) PETITIONER herein is the decree-holder in E.P.No.10/1999. He had field a suit O.S. No. 317/1993 against the respondents herein seeking a declaration that he was the absolute owner of three sheds i.e., EFGH, IJKL & MNLO and the open space. The entire area was shown in the plaint sketch with letters ABCD. He sought for permanent injunction to restrain the defendants from obstructing his peaceful possession and enjoyment of the suit schedule properties. He further sought that if the court were to come to the conclusion that the defendants had dispossessed the plaintiff from the suit schedule properties, a direction may be issued to the defendants to hand over possession to the plaintiff.

(3.) THE relevant issues framed in O.S. No. 197/1993 are, (1) whether the plaintiff proves that Gudur S.C. M.P.No.87 had the boundary mentioned in the plaint and the plaintiff was in possession of the same by putting a hut? (2) whether the plaintiff proved that since the date of ancestors, for more than 12 years he had been in possession of the suit property and perfected his title by adverse possession?