PRATHIPATI RAJESWARI Vs. BODDAPATI VENKATA RAO

JUDGEMENT

(1.) This Civil Revision Petition is filed questioning the legality and correctness of the orders dtd. 15/3/2024 passed in E.P.No.46 of 2022 in O.S.No.363 of 2011 by the learned Principal Senior Civil Judge, Ongole.

(2.) The petitioner is the decree holder and the respondents are the Judgment Debtors. The Execution was filed against 3rd Judgment Debtor alone.

(3.) The facts led to filing of the Civil Revision Petition, in brief, are that the petitioner filed suit O.S.No.363 of 2011 for declaration that the registered sale deed dtd. 7/9/2009 bearing document No.6300/2009 of SRO, Ongole as null and void, for permanent injunction restraining the defendants and their men from in any way interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule property and not to alienate, transfer, mortgage the schedule property in any way by the defendants. The said suit was decreed ex parte granting the relief as prayed for. Thereafter, the petitioner being the decree holder filed Execution Petition vide E.P.No. 46 of 2022 praying the court to issue Order XXI, Rule-22 notice to J.Dr. No.3 and thereafter to discredit the documents dtd. 14/12/2015 with Document No.10141/2015 and dtd. 20/2/2021 with Document No.2006/2021 from the office file of Sub Registrar, Ongole and also send the J.D.R. No.3 to civil prison for violating the decree of the Court under Order XX1, Rule 32(2) and (5). The J.D.R. No.3 in response to the notice under Rule-22 made appearance and filed counter, however he did not choose to file counter to Rule-32 notice and hence he was set ex parte. The Executing Court upon considering the evidence of P.W.1, and upon perusal of the documents Exs.P1 to P5, dismissed the execution petition being hit by Rule-55 of the Civil Rules of Practice, since it contained two reliefs and the petitioner has to file a separate application for each relief.