In a civil revision petition, the Court dismissed the petition as infructuous because the respondent established through a counter affidavit that the decree had already been fully executed.
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HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.5086 OF 2012
Dt:- 29.10.2012
Between:-
Pallanthi Ammadu and others … Petitioners and Kotha Venkata Raju and others
… Respondents
This Court made the following:-
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.5086 OF 2012
ORDER: -
Respondent has filed a counter affidavit together with a copy of the Panchanama showing that the decree is already executed. Paragraph 4(f) of the counter affidavit also states that the structures were removed as per the warrant and the Amin executed the warrant fully on 01.10.2012 and thereafter the decree holder enclosed the vacated site by constructing a boundary wall all around it.
In view of the said specific counter affidavit, matter was adjourned on 19.10.2012 to enable the learned counsel for the petitioner to get instructions. Learned counsel today states that the belongings of the petitioner are still on the suit land and he may be allowed reasonable time to take delivery thereof.
No reply affidavit is filed refuting the counter affidavit as stated above. Hence, the execution of the decree as asserted by the respondent cannot be doubted. However, if petitioner has any grievance, he is at liberty to approach the executing court for appropriate relief. In view of the decree having already been executed, this revision
petition becomes infructuous.
The Civil Revision Petition is dismissed accordingly. The miscellaneous applications, if any, stand dismissed. There shall be no order as to costs.
____________________________ VILAS V. AFZULPURKAR, J
29.10.2012 lmv
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.5086 OF 2012
29.10.2012
lmv
Pallanthi Ammadu and others
Kotha Venkata Raju and others
VILAS V. AFZULPURKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
