K RAJA GOPAL Vs. M VENKATAPPA

JUDGEMENT

(1.) The petitioner challenges the order passed by the Court of Principal Senior Civil Judge, Chittoor in an application filed under Section 144 read with 151 C.P.C.

(2.) The relevant facts, in brief, are as under: The petitionerfiled O.S.No. 111 of 1988 in the said Court for the relief of specific performance of an agreement of sale. The suit was decreed ex parte on 06-04-1990. The petitioner filed E.P. 18 of 1991 for execution of the sale deed. The sale deed was executed by the Court itself. In E.P. No. 45 of 1992, possession of the suit schedule property was delivered on 03-02-1993.

(3.) The respondents filed I.A.No. 7 of 1993 under Order 9 Rule 13 C.P.C. stating that the ex parte decree was obtained fraudulently. The I.A. was rejected. They approached this court and ultimatley the ex parte decree, dated 06-04-1990, was set aside and the suit was directed to be tried afresh. The suit was renumbered as O.S.No. 768 of 2002. Respondents filed I.A.No. 651 of 2004 under Section 144 C.P.C. for redelivery of the suit schedule property. The petitioner resisted the application by raising several objections. Placing reliance upon the Judgment of the Supreme Court and taking into account the various developments in the matter, the trial Court allowed the I.A. Subsequently, the suit was dismissed on 16-10-2004. The petitioner filed A.S.No. 182 of 2004 in the Court of the I Acditional District Judge, Chittoor, and the same is pending.