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2006 Supreme(AP) 1333

P.S.NARAYANA
suluguru Vijaya – Appellant
Versus
Pulumati Manjula – Respondent


O R D E R

This Court ordered notice before admission on 30.8.2006 and granted interim stay for a limited period, which is being extended from time to time. Sri M.Rama Krishna, learned counsel entered appearance on behalf of respondent-decree holder.

2. Sri K.V.Bhanu Prasad, learned counsel representing the revision petitioners judgment debtors, would maintain that when the relief of delivery of possession was not specifically prayed for, it is not open to the executing court to order delivery and the same is without jurisdiction. The learned counsel also would contend that unless the plaint and the relief portion are amended in this regard, a decree also cannot be passed relating to delivery of possession and when that being so ordering delivery of possession in such a case cannot be sustained. The learned counsel also would submit that the revision petitioners-judgment debtors had taken an objection by filing E.A.No.221 of 2005 in E.P.No.128 of 2004 under Section 47 read with Section 151 of C.P.C. and the learned II Additional Senior Civil Judge, Warangal, erroneously dismissed the said application. The learned counsel also placed reliance on a decision in ADCON ELECTRONICS PVT. LT




































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