AMKUMALLA SUBHASHINI Vs. KOTA BRAMARAMBA

JUDGEMENT

(1.) The 1st respondent filed O.S.No.125 of 1990 in the Court of Junior Civil Judge, Darsi, against the respondents 2 and 3, for the relief of declaration of title and recovery of possession of the suit schedule property, being an extent of 2 1/2 cents, in Sy.No.788 of Darsi. The suit was decreed on 17-09-2003. After the decree became final, she filed E.P.No.85 of 2003.

(2.) The petitioner is the daughter of the 3rd respondent. Claiming rights under the will, said to have been executed by the original owner, Pothuluri Subbamma, the petitioner filed O.S.No.109 of 2008 in the Court of Senior Civil Judge, Darsi, against the respondents with a prayer to declare the decree dated 17-09-2003 in O.S.No.125 of 1990 as null and void and not binding upon her. It is also stated that an application filed by her to stay the operation of the decree in O.S.No.125 of 1990 was dismissed and C.M.A.No.25 of 2000 filed in the Court of V Additional District Judge, Ongole against the order in E.A. has been dismissed.

(3.) The petitioner filed an execution application in E.P.No.85 of 2003 in O.S.No.125 of 1990 under Rule 97 of Order 21 C.P.C., in the Court of Junior Civil Judge, Darsi, with a prayer to declare her rights, vis--vis the property and to record her objection. The Executing Court passed order dated 08-09-2011, rejecting the application, without numbering it. The same is challenged in this revision.