A single-judge disposal dismissing a civil revision petition against an executing court's order. The court rejected the challenge as the petitioner's remedy lay in the appellate court, where their appeal had been dismissed in default.
Civil Revision Petition dismissed with liberty to the petitioner to approach the appellate court.
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HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.352 OF 2012
Dt:- 01.11.2012
Between:-
Jakka Venkata Subbarayudu
… Petitioner and
S.Venkata Rami Reddy
… Respondent
This Court made the following:-
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.352 OF 2012
ORDER: -
This revision is directed against the order of executing court directing delivery of possession.
This court granted interim stay for one week on 27.01.2012 while issuing notice. Stay was extended thereafter till 22.02.2012 and further till 12.03.2012. Stay, however, has not been extended thereafter. It appears that petitioner has preferred an appeal against the decree before III Additional District Judge, Kurnool in A.S.No.5 of 2011 and has already filed application for stay being I.A.No.341 of 2011. The said appeal is now said to have been dismissed in default and a restoration application filed by the petitioner is pending.
In the circumstances, the civil revision petition is disposed of, as the petitioner’s remedy is to move the said appellate court for appropriate relief.
Accordingly, the Civil Revision Petition is dismissed with liberty
to the petitioner as above. The miscellaneous applications, if any, stand dismissed. There shall be no order as to costs.
____________________________ VILAS V. AFZULPURKAR, J
01.11.2012 lmv
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.352 OF 2012
01.11.2012
lmv
1 issue framed by the court
Whether the civil revision petition against the order directing delivery of possession should be allowed in view of the erstwhile appeal being dismissed in default.
Jakka Venkata Subbarayudu
S. Venkata Rami Reddy
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
