NAGUBANDI PULLAIAH Vs. MADHURI SRINIVAS RAO

JUDGEMENT

(1.) The present Civil Revision Petition is filed against the order dtd. 3/8/2009 in E.P. No.336 of 2008 in O.S. No. 706 of 1998 on the file of III Additional Junior Civil Judge, Khammam, wherein and whereby the execution petition filed by the revision petitioners for enforcement of judgment and decree dtd. 3/2/1999, was dismissed.

(2.) This revision is at the instance of decree holders. Respondent No.1 herein is the judgment debtor. During the pendency of this revision, respondent No.1 died and his legal heirs were brought on record as respondent Nos.2 to 5. The decree holders obtained decree for recovery of possession and mandatory injunction for removal of structures in the E.P. schedule property, apart from granting of damages.

(3.) The Executing Court had dismissed the E.P. on the ground that the execution of the decree for mandatory injunction was barred by limitation and consequently, the Execution Petition filed for the recover possession was also dismissed. Hence, the present revision.