The High Court dismissed a civil revision petition filed against an endorsement returning an execution application. It held that no cause accrued due to the absence of an order in the execution application after re-submission.
Liberty granted to file a separate suit for recovery of possession; CRPMP No.3080/2012 disposed as infructuous.
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HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
C.R.P.No.2309 of 2012
Date : 4-10-2012
Between: Ameer Shareef .. Petitioner And Mohd. Basith Ali and another .. Respondents
Counsel for petitioner : Sri M. Layeeq Khan Counsel for respondents : --
The Court made the following :
ORDER:
This Civil Revision Petition is filed against office endorsement dated 30-1-2012, returning E.A.(SR) No.50/1993 in E.A.No.2/2011 in E.P.No.34/2010 in O.S.No.468 of 2008 on the file of the learned X Additional Senior Civil Judge, City Civil Court, Hyderabad, filed by the petitioner. A perusal of this endorsement shows that the learned X Additional Senior Civil Judge, City Civil Court, Hyerabad, has returned the E.A. with the query as to how the same is maintainable when delivery of the property was recorded and the E.P. was terminated. The petitioner re-submitted the same on 4-2-2012. However, without there being no order in the E.A., the petitioner filed this Civil Revision Petition.
In my opinion, no cause has accrued to the petitioner for filing the revision petition in the absence of any order passed in the E.A. after its re-submission. Realising this, the learned Counsel for the petitioner submitted that his client may be given liberty to file a separate suit for recovery of possession.
The Civil Revision Petition is accordingly dismissed,
with liberty to the petitioner in terms of the prayer made. As a sequel, CRPMP No.3080/2012 is disposed of as infructuous.
________________________ Justice C.V. Nagarjuna Reddy
Date : 4-10-2012 AM
1 issue framed by the court
Whether a cause has accrued for filing a civil revision petition in the absence of an order in the execution application.
Ameer Shareef
Mohd. Basith Ali
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
