MOYYA DANIEL PRATAP Vs. RAVADA VICTOR LAURANSON

JUDGEMENT

(1.) The challenge in the CRP is to the order dtd. 2/8/2023 in E.A.No.76/2023 in E.P No.52/2013 in O.S No. 404/1995 passed by learned I Additional Senior Civil Judge, Visakhaptnam dismissing the petition filed by the petitioner/ 9th JDR under order 16 rule 14 r/w Sec. 151 CPC seeking to summon DHRs 2 and 3 as Court witnesses to examine them in order to elicit the fact that in E.P 145/2006 in O.S No.620/1994, the DHR therein obtained a wrong delivery.

(2.) Heard learned counsel for petitioner Sri A. Sai Naveen and learned counsel for respondents Sri S.V.S.S. Sivaram.

(3.) Learned counsel for petitioner would submit that the decree under execution is in O.S No.404/1995 and said suit was filed by one Raavada Victor Lauranson against the petitioner herein and 15 others for specific performance of suit agreement to sell dtd. 7/5/1992 executed by one Saripilli Mariyamma. The said Mariyamma died on 2/1/1995 and hence the suit for specific performance was filed against the petitioner and 14 others who are the LRs of Mariyamma. Said suit was decreed on 6/3/2003 and in the appeal A.S No.71/2003 filed by the defendants therein, the decree of the lower court was confirmed by the Principal District Judge, Visakhapatnam. Thereafter, the second appeal i.e., S.A 1563/2005 was filed and same is pending before the High Court of A.P. Pending the same and as no stay is there, E.P No.52/2013 is filed by DHRs for execution of specific performance decree.