KHANDAVILLI RUDRAVENI Vs. KHANDAVILLI ANNAVARAM

JUDGEMENT

(1.) This revision-petition is directed against the Order, dtd. 19/1/2015 in I.A.No.130 of 2009 in O.S.No.262 of 1988 on the file of Principal Senior Civil Judge's Court, Rajahmundry filed under Sec. 144 of the Code of Civil Procedure, 1908 (for brevity "CPC"), whereunder the Trial Court "Partly Allowed" the application, for restitution of possession of "C" schedule property to the defendant No.2.

(2.) The Respondent No.1/judgment-debtor No.2 filed I.A.No.130 of 2009 before the original Court for restitution of the impugned property i.e., "C" schedule property covered by decree in the partition suit i.e., O.S.No.262 of 1988, and the Trial Court after considering the evidence of both sides placed before it "Allowed" the application since the said property was delivered in execution of the decree in the partition suit, which was later setaside in O.S.No.68 of 1993.

(3.) The contention of the revision-petitioner, who is the decreeholder in the Partition suit, is that the property ordered for restitution, is not a part of "C" schedule property covered by the partition suit and that it was not delivered in execution of the decree of the partition suit. The contention of the respondent No.1, who is the defendant in the partition suit and decree-holder in subsequent suit i.e., O.S.No.68 of 1993 on the file of I Additional Junior Civil Judge's Court, Rajahmundry, whereunder the partition decree was set-aside, confirmed by the First Appellate Court and subsequently by this Court in second appeal is that the impugned property is part of "C" schedule property of the partition suit and it was delivered to the revision-petitioner in execution of the decree of the partition decree.