VASANT RAO Vs. E RAJ REDDY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the Order dated 31-10-2002 in E.P. No. 44/2002 in O.S.No. 25/2000 on the file of the Court of the Senior Civil Judge, Adilabad.

(2.) The revision petitioner is the decreeholder who obtained a decree dated 1-7-2002 in O.S.No. 25/2000 declaring that he is the owner of eastern part of the building bearing No. 1/2/13-5 situated at Bokkalaguda, Shantinagar, Adilabad and for delivery of vacant possession of the same by evicting the defendant and also for recovery of mesne profits at the rate of Rs. 1,000/- per month from the date of suit.

(3.) He filed E.P.No. 44/2002 on 22-10-2002 under Order 21 Rules 11 and 15 of Civil Procedure Code for eviction of the Judgment-debtor from the suit schedule premises and for delivery of vacant possession. In the said execution petition the Court below directed notice to the Judgment debtor and posted the matter to 5-12-2002. The said Order of the learned Judge dated 31-10-2002 which is assailed in this Revision Petition by the decreeholder runs as follows: