PAGIDI PADMAVATHI Vs. KANALA NAGARAJU

JUDGEMENT

(1.) This matter is set down under the caption Tor Being mentioned" for today i.e., 16-7-2003 by the Court suo motu to elaborate the reasoning given by this Court on 2-7-2003, while dismissing this Civil Revision Petition, at the admission stage on hearing the learned counsel on either side, in view of the Judgments of the Supreme Court, which are being discussed in this order.

(2.) This Civil Revision Petition is filed challenging the order and decree dated 17-3-2003 passed by the Senior Civil Judge, Nandyal, dismissing the application in E.A.No.295 of 2001 in E.A.No.155 of 2001 in E.P.No.244 of 1998 in O.S.No.128 of 1996 filed under Order 21, Rules 95, 96 and 97 of the Code of Civil Procedure seeking to recall the delivery warrant.

(3.) The claim of the petitioners is that they are the tenants of one Palagiri Pedda Vegi Subbaiah and the said property was brought to sale treating the same as the property belonging to the fourth respondent. Admittedly, the said Subbaiah was not a party either to the suit or to the execution proceedings.