KARUMURI SAMBASIVA RAO Vs. VYSYARAJU SURYANARAYANA RAJU

JUDGEMENT

(1.) THIS civil revision petition arises out of order dated 17.3.2010 in EP No.69 of 2010 in RCC No.2 of 2005 in LAC No.48 of 2007, whereby the learned Principal Junior Civil Judge, Srikakulam, has issued warrant for execution of the decree and directed the Amin to file his report.

(2.) THE petitioner in RCC No.2 of 2005 is the petitioner in this civil revision petition. THE respondent is the owner of the property, which is in occupation of the petitioner. Litigation ensued between the parties, which has led to passing of a compromise award by the Lok Adalat, Srikakulam vide award dated 24.10.2007 in RCC No.2 of 2005 and Lok Adalat Case No.482 of 2007. Under the award, both the parties inter alia agreed for continuance of lease in favour of the petitioner till February, 2010 and the petitioner agreed to vacate the premises without prior notice and further litigation and that he shall handover the vacant possession on expiry of the lease period. As the petitioner failed to handover the possession to the respondent, the latter has filed E.P. on 17.3.2010. As noted above, the Court below has issued warrant under Order XXI Rule 35 of the Code of Civil Procedure, 1908 (for short, 'CPC').

(3.) AS a sequel to dismissal of the civil revision petition, CRPMP No. 1728 of 2010 filed by the petitioner for interim relief is also dismissed.