PASALA SURYACHANDRA RAO Vs. VATTI VENKATA RANGA PARDHASARADHI

JUDGEMENT

(1.) An interesting question is raised in this Civil Revision Petition which arises outof an order inE.P.No.45/1989inO.S.No.27/1976on the file of Subordinate Judge, Tadepalligudem, dated 15-7-1996. The question is "whether the Court of Subordinate Judge at Tadepalligudem which has jurisdiction to try the suit if instituted at the time of filing the E.P. has jurisdiction to execute the decree in O.S.No. 27/1976 passed by the Subordinate Judge at Kowuru".

(2.) A few facts which are necessary for the disposal of the Civil RevisionPetition are : The revision petitioner filed a suit for specific performance in the Court of Sub-Judge at Eluru and it was numbered as O.S.No. 16/1972. Tadepal ligudem Town was within the jurisdiction of Sub-Court, Eluru at that time and the said suit was instituted in that Court. Subsequently it was transferred, on administrative grounds, to Sub-Court, Kovvuru, and renumbered as O.S.No. 27/76. The parties entered into a compromise and a compromise decree was accordingly passed on20-12-1986 by the Sub-Court, Kovvuru.

(3.) The Sub-Court at Tadepalligudem was constituted subsequent to the passing of the compromise decree. Tadepalligudem town which was within the territorial jurisdiction of Sub-Court, Eluru, now falls within the territorial jurisdiction of Sub-Court, Tadepalligudem.