GEORGE MAIJO AND CO Vs. KARANAM VEERABHADRA RAO

JUDGEMENT

(1.) The Appellant filed O.S. No. 144 of 1980 in the Court of the I Additional Senior Civil Judge, Visakhapatnam against Respondent Nos. 4 to 11 for the relief of recovery of possession of an item of immovable property, admeasuring Ac. 1.21 cents of land situated at Bheemunipatnam, Visakhapatnam. The suit was decreed and by filing E.P. No. 201 of 1983, the Appellant got delivery of possession of the property.

(2.) Respondent Nos. 1 to 3, who are third parties to the suit filed E.A. No. 42 of 1984 under Rules 99, 100 and 101 of Order 21 Code of Civil Procedure with a prayer to direct that the possession of the property be redelivered to them. They pleaded that they are the actual owners of the said property and taking advantage of the fact that they are residents of Hyderabad, the possession of that property was taken. The application was contested by the Appellant. Through its order, dated 28.04.1993, the executing Court dismissed the E.A.

(3.) Respondent Nos. 1 to 3 filed A.S. No. 73 of 1993 in the Court of the IV Additional District Judge, Visakhapatnam. The appeal was allowed through judgment, dated 30.03.1994 observing that the Appellant herein was set ex parte on 07.09.1993 and that the other Respondents supported the case of Respondent Nos. 1 to 3.