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 and 5 preferred S.A.No.821 of 2001 on the file of the High Court of Andhra Pradesh, Hyderabad. The said appeal was allowed on 22.03.2002 in part and remanded the matter to this Hon’ble Court. The Decree Holder submits in pursuance of the Order in S.A.No.821 of 2000 the Order in I.A.No.790 of 1993 was reopened and the said matter was disposed of on 06.02.2004 and as per clause iii of the decretal order in I.A.No.790 of 1993, dated 06.02.2004 the western portion as shown in the plan filed by the Advocate/Commissioner is allotted to 6/13th share to the plaintiff.

The petitioners humbly submit that the Decree Holders, 2nd who are children of the Judgment Debtor. Vemupati 1st Sundaramma, i.e., respondent in this E.P. have got filed E.P.No.52 of 2004 in O.S.No.80 of 1991 before this Hon’ble Court, regarding their 6/13th share, and this Hon’ble Court was pleased to depute Court Ameen and delivered the possession of 6/13th share to the Decree Holders on 14.04.2004 and the E.P. was closed with the said endorsement on 29.04.2004. Inspite of the request made by the petitioner herein, who are Judgment Debtor Nos.3, 4, 6 to 8 i.e., petitioners herein, the Court Ameen did not allot and deliver possession of the property to the petitioners regarding their 5/13th share on the eastern side portion of E.P. schedule property. Hence, this E.P for justice as th the Judgment Debtor. Vemupati Sowri Mohanarao, is in possession of the entire item No.2 of plaint A schedule property the petitioners/JDrs 3, 4 and 6 to 8 herein therefore pray that this Hon’ble Court may be pleased to depute the Court Ameen directing him deliver possession of the petitioners 5/13th share, in the suit schedule property i.e., 5/7th share, in item B property shown in the rough sketch of plaint A schedule with the help of the surveyor under provisions of Order XXI Rule 35 of C.P.C otherwise the petitioners put to serious loss and irreparable injury.

We pray for order accordingly”.

3. They pray for division of their 5/13th share in the execution petition, which reads as under:-

“Nellore District Registration, Nellore, Sub Registration, Nellore Town-walkers road, Mulapet, Municipal ward No.24, D.Nos.723 and 724 an extent of 75 ankanams including 61/2 ankanams of Madras terraced 3 ankanams of zinc sheeted shed 5 ankanams of thatched house and 3 ankanam of thatched shed therein:

Bounded by:

East : Public road leading to Church

South : House of Mallela Ratnam, Narayana and

Sripathi Venkatamma

West : Municipal Donka

North : Compound wall of Telugu Baptist Church”

4. The petitioner herein who is Respondent No.2/Judgment Debtor No.5 filed counter before trial Court denying the contention of the respondents herein. It is the contention of the revision petitioner/R.2 that the respondents have not contested the su