P. HANUMANTHA RAO Vs. P. SATYANARAYANA

JUDGEMENT

(1.) This revision is the continuation of a prolonged litigation. The deceased 1st petitioner, by name, P. Hanumantha Rao filed O.S.No.63 of 1961 in the Court of the District Munsif, Ongole, against the deceased 1st respondent, by name, P. Satyanarayana for specific performance of an agreement of sale. The suit was dismissed with costs on 03-02-1967 and the decree became final. To recover the costs awarded in the suit, the 1st respondent filed E.P.No.33 of 1975. The 1st petitioner was entitled to half share in a house bearing Door No.50 of Koppolu Village, 6th Ward, Ongole. The undivided half share of the 1st petitioner was brought to sale in the execution and the 1st respondent emerged as the highest bidder.

(2.) To recover possession of the undivided half share, brought in sale in the execution, the 1st respondent filed O.S.No.486 of 1990 in the Court of the I Additional Junior Civil Judge, Ongole, for partition and separate possession. A preliminary decree was passed in his favour on 27-03-1999 and the same has become final. A final decree was passed and thereafter E.P.No.151 of 2011 was filed for recovery of the share of the 1st respondent. The petitioners opposed the E.P., stating that the entire premises comprised of 14 gadies i.e., 112 sq. yards together with structures and the respondents are entitled to half share to the extent of 7 gadies. The Executing Court took the view that the half share of the petitioners was sold in the auction and the entire share, irrespective of the area, is to be delivered to the respondents. Accordingly, an order was passed on 07-12-2011. The petitioners challenge the same.

(3.) Heard Sri Kurra Srinivas, learned counsel for the petitioners and Sri V.R. Machavaram, learned counsel for the 2nd respondent.