KALIVARAPU LAKSHMI KUMARI Vs. BURADA APPALANAIDU

JUDGEMENT

(1.) Since the subject matter and the parties to both the civil revision petitions are common, they are heard and being disposed of together.

(2.) The Petitioner in both the civil revision petitions is the judgment debtor in O.S. No. 7 of 1988 on the file of the learned Senior Civil Judge, Rajam. The suit was filed for specific performance of an agreement of sale. The Respondent has subsequently got the plaint amended by including the prayer for recovery of possession as well. However, the trial Court passed decree in favour of the Respondent for specific performance of agreement of sale, without reference to the prayer for recovery of possession.

(3.) The Respondent has filed E.P. No. 29 of 2008. The Petitioner has filed E.A. No. 145 of 2008 under Section 47 of Code of Civil Procedure, 1908 (Code of Civil Procedure) to dismiss the execution petition. The said application was dismissed by the Court below by order, dated 26.03.2010. Feeling aggrieved by the said order, the Petitioner initially has filed civil miscellaneous appeal, which on objections taken by the Respondent, was converted into civil revision petition. In the meantime, the Court below has allowed the execution petition and executed sale deed, as the Petitioner failed to come forward to execute the same. By order, dated 29.07.2010, the Court below has ordered delivery of possession. Questioning the said order, the Petitioner filed C.R.P. No. 3959 of 2010.