The High Court dismissed a civil revision petition challenging an order allowing delivery of possession in an execution proceeding. The Court held that possession must follow execution of the sale deed regardless of specific decree directions.
Civil Revision Petition dismissed; CRPMP disposed of as infructuous.
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HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY
C.R.P.No.2904 of 2014
Date : 5-9-2014
Between : Smt. Karnati Ramadevi .. Petitioner And Silveru Satyanarayana .. Respondent
Counsel for petitioner : Sri J. Suresh Babu for Sri Venugopala Rao Posnooru Counsel for respondent : --
The Court made the following :
ORDER:
This Civil Revision Petition is filed against order dated 13-8-2014 in E.A.No.59 of 2014 in E.P.No.118 of 2014 on the file of the learned II Additional District and Sessions Judge, Ranga Reddy District.
I have heard Sri J. Suresh Babu, learned Counsel for the petitioner and perused the record.
The respondent filed the suit for specific performance of agreement of sale. The suit was decreed and the same has attained finality. As the petitioner failed to execute the sale deed, the executing court itself has executed the sale deed. The respondent filed E.P.No.118 of 2014 in which he has filed E.A.No.59 of 2014 for ordering delivery of possession. The lower Court, by order dated 3-8-2014, allowed the said application.
The learned Counsel for the petitioner stated that the decree obtained by the respondent does not contain a direction to deliver possession of the property.
In my opinion, even in the absence of such a decree, delivery of possession must follow the execution of sale
deed. The lower Court has therefore rightly allowed the application filed by the respondent. Hence, I do not find any illegality or jurisdictional error in the order of the lower Court. The Civil Revision Petition is accordingly dismissed. As a sequel to the disposal of the Civil Revision Petition, CRPMP No.3989 of 2014 filed for interim relief is disposed of as infructuous.
________________________ Justice C.V. Nagarjuna Reddy
Date : 5-9-2014
AM
1 issue framed by the court
Whether delivery of possession must follow the execution of sale deed even in the absence of a specific decree direction.
Smt. Karnati Ramadevi
Silveru Satyanarayana
C.V. Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
