ADARI SIMHACHALAM Vs. VASARAPU SIVA PRASAD

JUDGEMENT

(1.) THIS civil revision petition is filed against order, dated 20.01.2012, in E.P.No.81 of 2009 in O.S.No.65 of 2002, on the file of the learned Junior Civil Judge, Prathipadu.

(2.) THE petitioners filed the above-noted suit. In the said suit, they secured an order of interim injunction. Eventually, the said suit was dismissed. Prior to the filing of the suit by them, the respondent-defendant filed O.S.No.140 of 1990 for recovery of possession of the suit schedule property. The said suit was decreed. In E.P.No.67 of 2000, possession was delivered to the respondent by the bailiff with police-aid. The respondent-defendant filed E.P.No.81 of 2009 in O.S.No.65 of 2002 under Section 144 of CPC seeking restitution of the petition schedule property. It is his pleaded case that the petitioners suppressed the fact of his filing the suit, obtaining decree and delivery of possession, and obtained an order of interim injunction in the guise of which, they have re-occupied the suit schedule property. The respondent has therefore sought for restitution by way of re-delivery with the dismissal of the suit filed by the petitioners.

(3.) FOR the above-mentioned reasons, I do not find any illegality or jurisdictional error in the order of the lower Court. Accordingly, the civil revision petition is dismissed.