- (1.) This writ petition is filed for a mandamus to declare the action of respondent Nos.2 and 3 in not rectifying wrong classification over an extent of Ac.1.45 cents in Survey No.225/3A of Ibrahimpatnam, Krishna District from 'Government land' to 'private land' in the revenue records as illegal and arbitrary.
(2.) A perusal of the record shows that the petitioner has secured a decree for change of classification in O.S.No.851 of 2002 on the file of the learned Senior Civil Judge, Vijayawada. The said decree was confirmed in A.S.No.87 of 2009 on the file of the learned II Additional District Judge, Vijayawada. S.A.No.1186 of 2011 filed by the respondents is pending before this Court. By order, dated 10.04.2013, in S.A.M.P.No.486 of 2013 in S.A.No.1187 of 2011, this Court, while vacating the interim stay granted earlier, has observed that any rectification of classification that may be made in the revenue records in pursuance of the decree of the Courts below will be subject to the result of the second appeal.
(3.) The petitioner had in fact filed E.P.No.59 of 2010 under Order XXI Rule 32(2) and Section 151 CPC before the trial Court. The trial Court by order, dated 30.05.2011, allowed the EP by directing the judgment debtor i.e., respondent No.2 herein, to carry out the decree within one month with liberty to the petitioner to take necessary steps against the judgment debtor for attachment of property, if the decree is not implemented within the above-mentioned time.;