PEDDI LAXMINARAYANA Vs. MEKA JAYARAJ

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 9.01.2020 in I.A.No.662 of 2019 in A.S.No.100 of 2019 passed by the learned I-Additional District Judge, Karimnagar, whereby the learned Judge had dismissed the application filed by the petitioner herein under order XLI Rule 5 CPC seeking to stay the operation of the order dated 15.07.2019 in E.A.No.25 of 2016 in E.P.No.228 of 2003 in O.S.No.1560 of 1993, on the file of the Principal Junior Civil Judge, Karimnagar.

(2.) Heard learned counsel for the petitioner and learned counsel for the respondents. Perused the records.

(3.) The 1st respondent herein/plaintiff filed the suit O.S.No.1560 of 1993 before the Principal Junior Civil Judge, Karimnagar against the defendants 1 and 2 (respondents 2 and 3 herein) seeking recovery of possession of suit plot from the defendants. The learned trial court by judgment dated 02.11.1998 decreed the suit in part directing the defendants to pay a sum of Rs.15,000/- to the plaintiff towards sale consideration of the plaint of which recovery of possession was sought. Aggrieved by the said judgment, the plaintiff filed A.S.No.6 of 1999 before the II-Additional District Judge, Karimnagar and the same was allowed on 05.03.2003 by setting aside the judgment and decree of the trial court and directing the defendants to deliver possession of the suit property to the plaintiff. Thereafter, the decree holder/plaintiff filed E.P.No.228 of 2003 in O.S.No.1560 of 1993 seeking execution of the decree in O.S.No.1560 of 1993. Thereafter, the 1st respondent/decree holder filed E.A.No.25 of 2016 in E.P.No.228 of 2003 for demolition of the portion of building of the petitioner herein (defendant No.5) alleging that the said building was constructed illegally and is blocking the passage of the suit plot. The petitioner herein filed counter in the EA. The executing court by order dated 15.07.2019 in E.A.No.25 of 2016 directed the petitioner herein to remove the part of his building within 10 days, failing which the 1st respondent herein is entitled to remove part of the building of the petitioner herein. Aggrieved thereby, the petitioner herein filed A.S.No.100 of 2019 before the I-Additional District Judge, Karimnagar. Along with the appeal, the petitioner has filed also filed I.A.No.662 of 2019 seeking stay of operation of the order dated 15.07.2019 in E.A.No.25 of 2016 in E.P.No.228 of 2003 in O.S.No.1560 of 1993, on the file of the Principal Junior Civil Judge, Karimnagar. By the impugned order dated 09.01.2020, the appellate court dismissed I.A.No.662 of 2019. Hence, the revision.