B.ASHOK RAO Vs. U.NARSIMHA REDDY

JUDGEMENT

(1.) The Civil Revision Petition No.350 of 2019 is preferred against the orders dtd. 22/10/2018 passed in E.A.No. 745 of 2015 in E.P. No.58 of 1984 in O.S. No.389 of 1969 passed by the V Senior Civil Judge, City Civil Court, Hyderabad. The said E.A. is filed under Sec. 151 of Code of Civil Procedure by the petitioner/DHR/plaintiff against the respondents/JDRs/defendants to re-open the E.P. No.58 of 1984 for the purpose of passing appropriate orders for execution of sale deed in his favour in respect of petition schedule property which was dismissed by the trial Court.

(2.) The facts before the trial Court are as follows:

(3.) In the counter filed by the respondents No.2 and 3 i.e. judgment-debtor No.2 admitted regarding the compromise decree in the appeal and again in the E.P. and also regarding the proceedings before the Revenue Authorities and the order of Writ Appeal and SLP, but simply stated that the petitioner herein was directed to obtain a regular sale deed within one month from the date of the compromise, but he did not choose to do so. On the other hand, he approached wrong Forum and validated the compromise order by avoiding the payment of necessary stamp duty and registration charges and it was held in W.A. No.1812 of 2001 that it cannot be validated by the revenue authorities. As such, now he cannot ask the Court to register the sale deed in his favour. He filed this application on 20/11/2015 beyond the period of limitation of 12 years under Article 136 of the Limitation Act and thus, it is to be dismissed.