K KANNAIAH Vs. K MUNNASWAMY
LAWS(APH)-2019-10-15
HIGH COURT OF ANDHRA PRADESH
Decided on October 15,2019

K Kannaiah Appellant
VERSUS
K Munnaswamy Respondents

JUDGEMENT

M Venkata Ramana, J. - (1.)This Civil Revision Petition is directed against order in E.A.No.179 of 2010 in O.E.P.No.79 of 2010 in O.S.No.138 of 2004 on the file of the Court of Additional Senior Civil Judge, Tirupati, dated 04.09.2018. The respondent in the above execution application is the petitioner. The decree-holders/petitioners therein are the respondents herein.
(2.)The respondents filed the above execution application under Section 151 CPC to direct the Field Assistant (Amin) to break open the lock of the E.P. schedule property in executing the delivery warrant.
(3.)Sri K.Munaswamy, (since dead), is described as first respondent in the C.R.P. The suit ended in favour of Sri Munaswamy and second respondent by the decree and judgment dated 13.08.2009 whereby the petitioner herein and two others were directed to hand over 'A' & 'B' schedule properties stated therein to them, and a permanent injunction was also granted against them restraining in any way interfering with these properties. However, the suit was dismissed against the third defendant therein, viz., Sri S.Subrahmanyam, S/o.Radhakrishnaiah, a resident of Nehru Street, Tirupathi. The execution petition was laid in execution of the above decree in respect of both the properties in terms of Order XXI Rule 35 CPC to direct the petitioner and another to deliver vacant possession of the same.
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