The Single Judge dismissed the Civil Revision Petition. The court held that since delivery of the schedule property had already been effected, there was no basis to grant further permission to vacate, leading to the rejection of the request.
Request for permission to continue in possession until May 1, 2014 was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE Dr. JUSTICE K.G.SHANKAR Civil Revision Petition No.5026 of 2013
Date: 26-12-2013
Between Social Welfare Educational Society, Rep. by its General Secretary, P.Srinivas, C/o Badam Saroja Devi Paramedical College, Christian Colony, Mahabubnagar District; and another
… Petitioners/ Judgment Debtors
and
Badam Ramaswamy Charitable Trust, Hyderabad, Rep. by its Managing Trustee, Sri Badam Balakrishna, Hyderabad
… Respondent/ Decree Holder
HON’BLE Dr. JUSTICE K.G.SHANKAR
Civil Revision Petition No.5026 of 2013
Order:
The petitioners are judgment-debtors. They seek permission till the 1st week of May, 2014 to vacate the schedule premises.
2. The learned counsel for the respondent/decreeholder opposed the request on the ground that delivery of the schedule property had already been effected.
3. The orders dated 05-12-2013 in E.P.No.59 of 2011 in O.S.No.110 of 2005 on the file of the learned I Additional Senior Civil Judge, Mahabubnagar show that delivery of the schedule property had already been effected.
4. Where the delivery of the schedule property had already been effected, the question of permitting the petitioners/judgment-debtors to continue for further period does not arise. The request of the learned counsel for the petitioners/judgment-debtors, therefore, cannot be considered and is accordingly rejected.
5. Accordingly, the civil revision petition is dismissed. The petitioners/judgment-debtors indeed are at liberty to invoke other legal provisions afresh as they deem fit and proper. The miscellaneous petitions pending, if any, shall stand closed. No costs.
_____________________ Dr. K.G.SHANKAR, J.
26th December, 2013. Ak
Note:- Issue C.C. by Monday
(30-12-2013). (B/o) Ak
HON’BLE Dr. JUSTICE K.G.SHANKAR
Civil Revision Petition No.5026 of 2013
26th December, 2013. (Ak)
1 issue framed by the court
Whether the petitioners should be granted permission to vacate the schedule premises beyond the current date.
Social Welfare Educational Society, Rep. by its General Secretary, P.Srinivas
Badam Ramaswamy Charitable Trust, Rep. by its Managing Trustee, Sri Badam Balakrishna
K.G. Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
