M SHEELAMMA Vs. B ALIBERT

JUDGEMENT

(1.) The petitioners -judgment- debtors filed this revision questioning the correctness of the Order dated 29-3-2005 passed by the learned Principal Junior Civil Judge, Kurnool in E P.No 508 of 2004 in O.S. No.19 of 1993.

(2.) In spite of service of notice on the respondents, none appears. Hence they are set ex parte. Initially, the respondents - decree holders filed the suit O.S.No.19 of 1993 on the file of the learned Principal Junior Civil Judge, Kurnool for declaration of title and for possession which was dismissed by the trial Court Aggrieved by the same, A.S.No.90 of 1998 was filed by them before the learned III Additional District Judge, Kurnool and the same was allowed in part decreeing the suit for possession on the decree holders depositing Rs.15,000/- within one month from the date of the decree i e., 28-2-2000. On such deposit, the petitioners - judgment-debtors were directed to handover the possession to the respondents - decree holders within three months from the date of deposit S A.No.441 of 2000 preferred by the petitioners - judgment-debtors before this Court against the judgment in A S.No.90 of 1998 was dismissed for default on 2-8-2002 The respondents - decree holders filed EP.No.508 of 2004 after two years and four days from the date of dismissal of the second appeal in which the Executing Court passed the impugned order as under :

(3.) Questioning the legality and validity of the said order, the present revision is filed.