YAKKALA MOHANA RAO Vs. SHAIK HUSSAIN

JUDGEMENT

(1.) This second appeal is filed against the judgment and decree, dated 29.04.2013, in A.S. No. 5 of 2012, passed by the Court of Senior Civil Judge, Gurazala, Guntur District. The 1st respondent in A.S. No. 5 of 2012 is the appellant herein. The 2nd respondent herein, viz., Javvaji Ramaiah, filed O.S. No. 228 of 2000, against the 1st respondent, in the Court of Principal Junior Civil Judge, Gurazala, for recovery of certain amount. The suit was decreed and after the decree became final, he filed E.P. in the Court of Principal District Judge, Piduguralla. An item of immovable property was got attached and was brought to sale on 27.01.2006. The appellant herein emerged as the highest bidder and the sale in his favour was confirmed on 21.04.2008.

(2.) The Court of Junior Civil Judge, Piduguralla, was constituted at that stage. Since the subject-matter of the suit and E.P. is within the jurisdiction of that Court, the E.P. and the relevant record were sent to the Court of Junior Civil Judge, Piduguralla. E.P. came to be renumbered as E.P. No. 8 of 2008. The petitioner filed E.A. No. 21 of 2012 in the Court of Junior Civil Judge, Piduguralla, under Rule 95 of Order XXI C.P.C., for delivery of possession of the E.P. schedule property. The 1st respondent raised an objection to the E.A. He pleaded that the E.A. was filed beyond the period of limitation stipulated under Article 134 of the Schedule to the Limitation Act, 1963, and is not maintainable. He has also taken the plea that a suit for specific performance in relation to the said property is pending and that the 1st respondent is a party to it. The Executing Court overruled the objections and allowed the E.A., through order, dated 14.06.2012.

(3.) The 1st respondent filed a revision before this Court challenging the order in the E.A. This Court disposed of the revision, leaving it open to the 1st respondent to pursue the remedy of appeal. Accordingly, the 1st respondent filed A.S. No. 5 of 2012 before the Court of Senior Civil Judge, Gurazala, against the order, dated 14.06.2012.