KADALI PULLAYYA Vs. KADALI NARASANNA

JUDGEMENT

(1.) This Civil Revision Petition is directed against an order dated 22-8-1990 made in E.A.NO. 18 of 1990 in O.S.No. 50 of 1974 on the file of the Principal District Munsif, Razole.

(2.) The facts of the case in brief are as follows: While taking execution for delivery of possession of the petition schedule property, delivery warrant was issued and however the delivery could not be effected since there was some obstruction and application for taking steps had been filed and it was ordered that the property should be delivered on 17-4-1990 and on that day the delivery warrant was returned unexecuted stating that one K. Pullaiah and his family members had obstructed the delivery on the ground that they had purchased these properties by virtue of a registered sale deed dated 14-5-1981 from the judgment debtors, the respondents 2 and 3 in the present revision. The third party objector who is the present revision petitioner also had filed a memo stating that he is not a party to the proceedings and by virtue of the sale deed he had acquired independent title to the property and hence notice should be ordered and the matter has to be proceeded with in accordance with Order 21 Rules 97 to 101 C.P.C.

(3.) The brief history of the case appears to be that an ex parte decree was passed in O.S.No, 85 of 1964 and the property was delivered to the decree holder and the order was set aside and the suit was renumbered as O.S.No. 50 of 1974. In the year 1983 or so the suit was dismissed for default and a restitution petition was filed in L.A.No. 135 of 1986 in O.S.No. 50 of 1974 and the same was allowed on 28-3-1989. The respondents 2 and 3 herein were directed to put the first respondent in possession of the property and when the delivery warrant was issued the present revision petitioner third party objector had filed the objection memo.