DONGALA VENKAIAH Vs. DONGALA RAJI REDDY

JUDGEMENT

(1.) The Civil Revision Petition is directed against the order dated 16.4.2007 made in E.A.No.28 of 2004 in E.P.No.5 of 2003 in O.S.No.79 of 1999 on the file of the Junior Civil Judge, Sulthanabad. A short and interesting point raised by Sri I. Aga Reddy, learned counsel for the petitioners-defendants is that without there being a decree for mandatory injunction, can the trial Court order execution and direct the bailiff to remove the structures and handover possession of the vacant land?

(2.) Before adverting to the contentions put forth by the learned counsel for the petitioners as well as Sri Sudhershan Reddy, learned counsel for the respondent-plaintiff, it is necessary to go into the facts of the case.

(3.) For the sake of convenience, the parties will be referred to as they are arrayed in the original suit.