MEDA HARI KRISHNA Vs. AKULA SESHAMA

JUDGEMENT

(1.) THE petitioner filed an application, under rule 26 of Order XXI CPC, in E. P. No. 7 of 2001, on the file of the Court of Senior Civil judge, Rajampet, with a prayer to stay the execution proceedings. The application was returned, with certain objections on 4. 8. 2008. Petitioner represented the same on 5. 8. 2008. The Executing Court once again returned the application, on the same day, i. e. 5. 8. 2008. The return is challenged in this CRP.

(2.) THE facts that gave rise to the filing of the CRP are as under. Akula Seshamma, the deceased 1st respondent, filed O. S. No. 34 of 1983, against her two sons, by name akula Krishna Murthy, the deceased 2nd respondent; and respondent No. 3, for declaration of title, on the strength of a will said to have been executed in her favour, by her husband. The dispute was compromised between the parties. The parties filed I. A. No. 786 of 1983, with a prayer to pass the decree, in terms of compromise. Accordingly, a decree was passed on 26. 10. 1983. The decree inter alia provided for the exclusive possession and enjoyment of the suit schedule properties by the two sons. The petitioner has purchased certain items of properties, from one of the sons, by name Krishna Murthy, between 1994 and 1997.

(3.) SESHAMMA is said to have filed i. A. No. 269 of 1999, with a prayer to set aside the compromise decree passed on 26. 10. 1983. Not only the said decree was set aside, but also the suit was decreed as prayed for, on 27. 9. 1999. During her life time, seshamma filed the E. P. , for recovery of possession of the schedule properties.