ELETI RAJI REDDY Vs. PUSUKURI DAMODAR RAO

JUDGEMENT

(1.) THIS civil revision petition is filed under Section 115 of the Code of Civil Procedure aggrieved by the order dated 14.8.2013 passed in EA No.47 of 2012 in EP No. 1 of 2006 on the file of the Junior Civil Judge, Peddapalli. The facts in issue are as under: The first respondent/plaintiff filed OS No. 141 of 1983 on the file of the District Munsiff, Sultanabad seeking a declaration of title and perpetual injunction in respect of suit schedule property i.e., an extent of Acs.3 -38 guntas covered by Sy.No.177 situated at Dharmaram H/o Bommareddipalli Village of Sultanabad Taluq. Subsequently, the plaintiff filed IA No.511 of 1988 seeking amendment of the suit plaint and also claiming recovery of possession of 0 -38 guntas of land located in North -East portion shown in red colour in the suit map annexed to the plaint. The said application was allowed on 25.8.1988.

(2.) PURSUANT to the orders of the District Judge, Karimnagar in OP No. 12 of 1983, the said suit was transferred from the Court of District Munsiff at Sultanabad to the Court of Principal District Munsiff, Karimnagar and the same came to be renumbered as O.S.191 of 1992. On 31.7.1992 the above suit was partly decreed holding the respondent/plaintiff as the owner of the land to an extent of Acs.3 -00 while rejecting the claim in respect of 0 -38 guntas of land. Aggrieved by the same, the plaintiff preferred AS No.29 of 1992 on the file of the I -Additional District Judge, Karimnagar. By his judgment and decree dated 26.7.1996 the learned I -Additional District Judge, Karimnagar allowed the appeal with costs. Aggrieved by the same, the defendants preferred SA No.527 of 1996 before this Court and by orders dated 21.4.2003, this Court set aside the judgment and decree passed by the appellate Court in AS No.29 of 1992 and remanded the matter for fresh disposal after considering the oral and documentary evidence.

(3.) PENDING the said proceedings, the petitioners herein filed CRP No.1027 of 2006 contending that the Court at Peddapalli has no jurisdiction to try the execution petition. By order dated 20.3.2006, this Court disposed of the said revision granting leave and liberty to the revision petitioner to raise all objections including the objection with regard to jurisdiction before the said Court. Pending the said E.P., the petitioner herein filed EA No.47 of 2012 seeking dismissal of E.P as not maintainable, since the property for which delivery of possession sought for was not specified with boundaries. Aggrieved by the said order, the present revision came to be filed.