The Court dismissed a Civil Revision Petition as withdrawn. Liberty was granted to file an application for appointment of a Commissioner for property identification in pending execution proceedings.
Liberty to file an application for appointment of a Commissioner within four days.
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THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI
Civil Revision Petition No.2996 of 2018
ORDER :
Learned counsel for the revision petitioners-JDrs2 to 4, after arguing the revision petition for some time, seeks permission to withdraw the revision petition; however, reserving liberty to file an appropriate application, in the execution proceedings pending before the executing Court, for appointment of a Commissioner for identification of the property in dispute, that is, the subject matter of the decree which is being sought to be executed.
Having regard to the submissions, the Civil Revision Petition is dismissed as withdrawn reserving liberty to the petitioners-JDrs2 to 4 to file, within four days from the date of receipt of a copy of this order, an application for the afore-said purpose. It is made clear that in the event the petitionersJDrs 2 to 4 file an application pursuant to the liberty now granted by this Court, the executing Court shall dispose of the said application on its merit as expeditiously as possible and preferably within two (02) weeks from the date of filing of such application, however, in accordance with the procedure established by law and after affording an opportunity to the respondent-DHr for filing counter and making submissions. It is also made clear that, in the event of the JDrs 2 to 4 filing such an application, the executing Court shall not proceed further in the execution proceedings till 30.08.2018 and shall endeavour to dispose of the said application as directed supra.
There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
__________________________ M.SEETHARAMA MURTI, J
03.08.2018 Note: Issue CC by 08.08.2018 [B/o] Vjl
JDrs 2 to 4
DHr
M.Seetharama Murti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
