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2022 Supreme(AP) 357

BANDARU SYAMSUNDER
VEMPURI SOWRI MOHAN REDDY – Appellant
Versus
VEMPURI HEMALATHA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P SRIDHAR REDDY Adv.
For the Respondent: SIVAPRASAD REDDY VENATI Adv.

ORDER :

1. This Civil Revision Petition is filed by the petitioner/Respondent No.2/Defendant No.5 under Section 115 of Civil Procedure Code (in short CPC) against the Orders dated 19.03.2015 passed by learned Principal Senior Civil Judge, Nellore, in E.P.No.178 of 2011 in O.S.No.80 of 1991 wherein and whereby Court below allowed execution petition filed by the respondents and Ordered for delivery of execution petition schedule properties to the respondents.

2. The respondents, who are Judgment Debtor Nos.3, 4, 6 and 8 field execution petition before Court below praying the relief as follows:-

    “It is submitted that the suit for partition was decreed and preliminary decree was passed on 02.02.1993 allotting 6/13th shares to the Decree Holders. Later on final decree was passed on I.A.N o.790 of 1993, dated 13.09.2000 in pursuance of the preliminary decree. Commissioner effected partition in respect of the schedule mentioned property in I.A.No.790 of 1993 as against the said order Judgment Debtor Nos.4 and 5 filed A.S.No.59 of 2000 on the file of the District Judge, Nellore, the said appeal was partly allowed on 19.07.2000. Thereafter as against the said Judgment, Judgment Debtor Nos.4 a

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