LAWS(APH)-2007-1-38

KOYA RANGA REDDY Vs. KOYA NARAYANA REDDY

Decided On January 23, 2007
KOYA RANGA REDDY Appellant
V/S
KOYA NARAYANA REDDY Respondents

JUDGEMENT

(1.) These two revisions are between the same parties and arise out of E.P. No.104 of 2002, on the file of the Junior Civil Judge, Nalgonda.

(2.) The 1st petitioner is the father of petitioners 2, 3 and 4. The 1st respondent is the brother of the 1st petitioner, and respondents 2 and 3 are the sons of the 1st respondent. Respondents filed O.S. No.268 of 1997 in the Court of Junior Civil Judge, Nalgonda, against the petitioners for perpetual injunction, in respect of the suit schedule property. The suit was decreed ex parte on 2-4-1999. The respondents filed E.P. No. 104 of 2002, under Order 22 Rule 32 C.P.C., alleging that despite the decree for perpetual injunction, the petitioners attempted to interfere with their possession over the suit schedule property.

(3.) Petitioners 1 and 2 were set ex parte on 16-9-2003, and petitioners 3 and 4, on 22-4-2003. Thereafter, petitioners filed applications to set aside the orders dated 25-6-2002 and 16-9-2003, with application to condone the delay. On 7-8-2006 the executing Court dismissed the applications, and issued warrant of arrest against the petitioners. On 18-9-2006 the 1st petitioner was produced in the Court, on execution of an arrest warrant. Thereupon, the Court sentenced him to undergo civil imprisonment for a period of one month. These two revisions are filed assailing the orders dated 7-8-2006 and 18-9-2006, passed by the Executing Court.