Dismissed

Sri Swarna Bharathi Educational Society v. The Kamma Mahajan Sangham, Jubleepura, Khammam.

Telangana HC30 Dec 2011CRP/4264/2011

Case brief

AI extract

What is this about?

A civil revision petition challenging an eviction order. The court held that the petitioner was bound by a settlement and Lok Adalat award to vacate premises by July 2011. Having failed to do so, the revision petition was dismissed.

What did the court decide?

Civil Revision Petition dismissed; connected Criminal Revision Petition disposed of as infructuous.

Sri Swarna Bharathi Educational Society Vs The Kamma… — Property and Title | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.4264 of 2011

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Dated 3 0 th December, 2011

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Between:

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Sri Swarna Bharathi Educational Society

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…Petitioner

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And

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The Kamma Mahajan Sangham

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…Respondent

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Counsel for the petitioner: Sri M.V.Venu

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Counsel for the respondent: Sri S.Syamsunder Rao

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The Court made the following:

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ORDER:

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This civil revision petition arises out of order, dated 29.08.2011, in E.P.No.331 of 2011, in O.S.No.146 of 2010, on the file of the learned Principal Junior Civil Judge, Khammam, whereby she has directed registration of EP and issued direction to the bailiff to evict the petitioner from the suit schedule premises and handover possession to the respondent, who is the decree holder.

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I have heard Sri M.V.Venu, learned counsel for the petitioner, and Sri S.Syamsunder Rao, learned counsel for the respondent.

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The petitioner filed O.S.No.146 of 2010 for injunction restraining the respondent from interfering with its possession of the suit schedule property, in which, it is running a school. The suit was referred to the Lok Adalat at Khammam and registered as L.A.C.No.422 of 2010. Both the parties have arrived at a settlement on the basis of which, the Lok Adalat has passed an award. As per the award, the petitioner is permitted to continue in the suit schedule property from 01.04.2010 to 31.07.2011 on payment of Rs.15,000/- per month and the petitioner shall vacate the property by the end of July, 2011 without any

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litigation. As the petitioner failed to stand on its commitment by refusing to vacate the premises, the respondent filed E.P.No.331 of 2011 in which the above-mentioned order, which is assailed in this revision petition, has been passed.

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The learned counsel for the petitioner submitted that as his client is running a school, it may be permitted to remain in possession for some time.

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In my opinion, having entered into a settlement on the basis of which an award was passed and having taken advantage of the said award by continuing in possession for one year and four months, the petitioner cannot be allowed to resile from its commitment. This Court in exercise of its revisional jurisdiction will not permit the petitioner to make a volte-face.

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In this view of the matter, I do not find any merit in this revision petition and the same is accordingly dismissed.

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As a sequel to disposal of the civil revision petition, C.R.P.M.P.No.6049 of 2011 is disposed of as infructuous.

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C.V.NAGARJUNA REDDY, J

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30^th December, 2011 VGB

Sri Swarna Bharathi Educational Society v. The Kamma Mahajan Sangham, Jubleepura, Khammam.

Case brief

What is this about?

What did the court decide?

Sri Swarna Bharathi Educational Society v. The Kamma Mahajan Sangham, Jubleepura, Khammam.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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