DANDAM SIVAKUMAR Vs. KANDULA RAMAM

JUDGEMENT

(1.) This Revision filed under Section-115 of the Code of Civil Procedure calls in question the order, dated 07.6.2012, passed by the learned Senior Civil Judge, Narsipatnam, in E.A. No. 91 of 2010 in E.P. No. 62 of 2006 in O.S. No. 10 of 1983.

(2.) The petitioner herein is a third party to the said suit proceedings. Respondent Nos. 1 and 2 herein instituted O.S.No. 10 of 1983 on the file of the Court of the Senior Civil Judge, Chodavaram, against respondent Nos. 3 to 6 for partition of the suit schedule properties. The said suit was decreed on 06.10.1988 and as against the same, respondent Nos. 3 to 6 preferred Appeal Suit No. 126 of 1989 and the said Appeal Suit was dismissed by the learned III Additional District Judge, Visakhapatnam by judgment, dated 17.01.1992. Aggrieved by the same, respondent Nos. 3 to 6 preferred S.A.No. 122 of 1994 before this Court. This Court dismissed the said Second Appeal on 04.2.1994. Eventually, a Commissioner was appointed in the final decree proceedings, who partitioned the suit schedule properties in accordance with the preliminary decree, and a final decree was passed on 17.7.1996. Thereafter in E.P.No. 62 of 2006 filed by the decree-holders, the petitioner herein filed the present E.A.No. 91 of 2010 under the provisions of Section-26 read with Section-151 of the Code of Civil Procedure praying for stay of execution of E.P.No. 62 of 2006 pending disposal of ATC.No. 1 of 2010 on the file of the Court of the learned Principal Junior Civil Judge, Narsipatnam. The said E.A.No. 91 of 2010 was contested by respondent Nos. 1 and 2/decree-holders by way of filing a counter-affidavit. The learned Senior Civil Judge, Narsipatnam by the order under challenge dismissed the said E.A.

(3.) Heard Sri G.Vivekanand, learned counsel for the petitioner and Sri K. Subramanyam, learned counsel for respondent Nos. 1 and 2/decree-holders apart from perusing the material available before the Court.