Dismissed

Potturi Sivanageswara Rao v. Kamisetty Chennakesavulu

Andhra Pradesh HC1 Aug 2019CRP/1989/2017

Case brief

AI extract

What is this about?

Commonly disposed of three civil revisions assailing the lower court's interlocutory orders allowing execution proceedings. The high court observed that while Order XXI Rule 97 provides a mechanism for obstruction, no separate execution petition is mandatory. It upheld the lower court's decision to recall the decree holder and admit documents.

What did the court decide?

Civil revision petitions dismissed and miscellaneous applications pending shall stand closed.

Potturi Sivanageswara Rao Vs Kamisetty… — Execution and Attachment | Andhra Pradesh HC (2019)

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SMT JUSTICE T. RAJANI

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C.R.P. Nos.1987, 1989 & 1990 of 2017

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COMMON ORDER:

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These civil revision petitions are filed under Section 115 of the Code of Civil Procedure, 1908 (CPC), assailing common order dated 14.3.2017, by virtue of which the Court of Senior Civil Judge, Gurazala, by considering the rival contentions of the parties, allowed E.A. No.172 of 2016 to reopen the case (CRP No.1990 of 2017), E.A.No.173 of 2016 to receive documents 1 to 4 (CRP No.1989 of 2017), and E.A. No.174 of 2016 to recall the petitioner-Decree Holder to adduce evidence (CRP No.1987 of 2017), in E.A. No.228 of 2013 in E.P. No.33 of 2012 in O.S. No.115 of 2010.

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Heard the learned counsel for the petitioner-Obstructor No.6 and learned counsel for the first respondent-Decree Holder. The second respondent-Obstructor No.7 is shown as not necessary party in this CRP.

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The counsel for the petitioner submits that when there is an obstruction, separate E.P., has to be filed by the Decree Holder under Order XXI Rule 97 CPC. But a reading of Order XXI Rule 97 CPC does not imply that a separate E.P., has to be filed. It reads as follows:

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ORDER XXI: EXECUTION OF DECREES AND ORDERS

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97. Resistance or obstruction to possession of immovable property

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(1) Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining possession of the property, he may

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make an application to the Court complaining of such resistance or obstruction.

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(2) Where any application is made under sub-rule (1), the Court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.

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Sub-rule (1) of Rule 97 of Order XXI CPC authorises the

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Decree Holder to file an application with regard to resistance or obstruction to obtain possession of the property. The counsel for the first respondent submits that necessity for adducing evidence has arisen only when the petitioner, in the counter alleged that that there was no document executed in favour of first respondent. The document executed in favour of the first respondent is in fact the sale deed, which is executed by the Court.

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Hence, in view of the above, the lower Court allowed the petitions, which, in the considered opinion of this Court, cannot be found fault with. The impugned common order is, hence, confirmed.

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Accordingly, the civil revision petitions are dismissed. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

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August 01, 2019 YS

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___________________ SMT T. RAJANI, J

Potturi Sivanageswara Rao v. Kamisetty Chennakesavulu

Case brief

What is this about?

What did the court decide?

Potturi Sivanageswara Rao v. Kamisetty Chennakesavulu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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