GURRAM SOMAMMA Vs. NALAMASA YASHODA

JUDGEMENT

(1.) THE petitioners filed O. S. No. 13 of 2001 in the Court of Senior Civil judge, Mahabubabad, for the relief of declaration of title and perpetual injunction against the respondents. The suit was decreed on 06-12-2004. The decree appears to have become final. Petitioners filed E. P. No. 23 of 2005, under order XXI Rule 32 (5) of C. P. C. , before the same Court, for execution of the decree. They prayed, that the decree be executed by directing the bailiff of the Court to peg mark the suit schedule land, admeasuring Ac. 0. 25 guntas in sy. No. 162 of Velikatte Village, of Thorrur Mandal, and to declare, by beat of tom tom in the village, that the petitioners are the owners of the property. The Executing Court dismissed the E. P. through order dated 03-05-2008. Hence, this C. R. P.

(2.) SRI M. Rama Rao, learned counsel for the petitioners, submits that the decree in favour of the petitioners is for declaration of title and perpetual injunction; in respect of 25 guntas of land in Sy. No. 162, and in view of the fact that the said survey number is large, in extent, the petitioners approached the Executing Court with a prayer to peg mark the suit land, and to declare their ownership by beat of tom tom. He contends that such a course is permissible under C. P. C. , and that the Executing Court had dismissed the E. P. , on a wrong notion. He submits that the petitioners never prayed for delivery of possession, and the observation of the Executing Court, in this context, is contrary to record.

(3.) THE petitioners prayed for a decree, for declaration of title and perpetual injunction, in respect of Ac. 0. 25 guntas of land in Sy. No. 162 of velikatte Village, of Thorrur Mandal, Warangal District. A decree was passed and it has become final. The petitioners prayed for execution of the decree by taking two steps, viz. , peg marking, or demarcation of the land; and making an announcement in the village, by beat of tom tom, that they are the owners of the suit land. It needs to be seen whether the request made by the petitioners can be acceded to.