DAIRAPU SATYANARAYANA Vs. OMNI APPALA NAIDU

JUDGEMENT

(1.) O.S. No.72 of 1959 on the file of I Additional District Munsif was filed for the relief of declaration of title and recovery of possession of the suit schedule property therein. The suit was decreed. Thereafter, the matter under went several rounds of adjudication. The decree ultimately became final. The plaintiff died and his legal representatives, being Respondents 1 to 6 were brought on record. Execution Petition (E.P.) 38 of 1968 was filed in the Court of IV Additional District Munsif, Visakhapatnam. Much progress could not be made in the E.P., on account of subsequent proceedings initiated in different Courts, or obstruction caused in the process of delivery of possession.

(2.) The respondents filed an application in the year 1994, with a prayer to order police protection to assist the officers of the Court in effecting delivery of vacant possession, removal of obstructions and demolition of any structures on the suit schedule property. As many as 21 persons were shown as respondents therein. The application was kept pending almost for eight years. It was numbered only in the year 2002 as Execution Application (E.A.) 1279 of 2002. On 3.8.2002, the E.A. was allowed as prayed for.

(3.) The Respondents 10, 11, 14, 15, 18 and 20 in the said E.A have filed this CRP. It is their case that they constructed houses on a land, which is different from the suit schedule land, and despite the same, on the basis of an ex parte order they were sought to be dispossessed. They allege that they were taken to the Police Station and only after obtaining their signatures on certain documents stating that they shall be treated as tenants of decree holders-respondents herein, they were let off. They challenge the orders passed by the Executing Court on various grounds.