BALASA SARADA Vs. TALLURI ANASURYAMMA

JUDGEMENT

(1.) This C.R.P. is directed against the order dated 06.07.2006, passed by the I Additional Senior Civil Judge, Nellore, rejecting the application in I.A.C.F. No. 9970 of 2006 in O.S. No. 12 of 1993, filed by the petitioner praying to execute regular sale deed in his favour on behalf of respondent Nos. 4 to 10.

(2.) The learned counsel for the petitioner submitted that decree dated 12.05.2006, obtained by the petitioner in O.S. No. 127 of 1993, for execution of registered sale deed, can be got executed either by filing an application under Section 28(3)(a) of the Specific Relief Act, 1963 or by filing an execution petition under Order XXI, Rule 34 of the Code of Civil Procedure, 1908, but the Court below committed an error in holding that the application filed by the petitioner under Section 28(3)(a) of the Act is not maintainable and that his remedy is only to take steps under Order XXI, Rule 34 of the Code of Civil Procedure, 1908, and more so when the Court below does not lose control over the matter even after granting the decree. In support of this contention, he placed reliance upon the judgment of the Kerala High Court in Joseph v. Joseph1.

(3.) Heard the learned counsel for the petitioner and perused the order under revision.