SARVEPALLI VENKATA RADHA KRISHNA Vs. RUDRAVARAM ANAND SWAROOP

JUDGEMENT

(1.) The present Revision Petition has been preferred against an Order dtd. 13/10/2020 in E.A.No.2 of 2018 in E.P.No.75 of 2015 in O.S.No.220 of 2006 on the file of the Court of the Additional Senior Civil Judge, Ongole, Prakasam District.

(2.) Heard Mr.Sita Ram Chaparla, learned counsel for the petitioner and Mr.Naga Praveen Vankayalapati, learned counsel for the respondent.

(3.) The petitioner herein is the decree holder in O.S.No.220 of 2016. The petitioner/plaintiff filed the said suit seeking a decree for delivery of possession of the suit schedule properties. The said suit was decreed on 12/3/2015 against the respondent and other defendants. The petitioner/plaintiff filed E.P.No.75 of 2015 seeking delivery of items 1 and 2 of the suit schedule properties and the same was allowed. Pursuant to which, items 1 and 2 of the suit schedule properties were delivered to the petitioner/decree holder on 22/6/2015 and 21/6/2018 respectively. In the meanwhile, the respondent/J.Dr.No.7 filed an application seeking to set aside the ex parte decree dtd. 12/3/2015 and the same was allowed on 9/6/2017. Thereafter, he filed E.A.No.2 of 2018 under Ss. 144 and 151 of Code of Civil Procedure (hereinafter referred to as "CPC") seeking to re-deliver possession of items 1 and 2 of the suit schedule properties to him. The said E.A was opposed by the petitioner/decree holder by filing a counter. The Court below after considering the matter by an Order dtd. 13/10/2020 allowed the said application with a direction to the petitioner/decree holder to re- deliver possession of items 1 and 2 of the suit schedule properties to the petitioner/J.Dr.No.7 within 6 months from the date of the Order, failing which the respondent/J.Dr.No.7 is granted liberty to get delivery the same through process of Law. Aggrieved by the said Order, the present Revision Petition was preferred by the petitioner/decree holder on various grounds.