JUDGMENT :

1. Heard Sri Satyanarayana Nimmala, learned counsel for the petitioner and perused the material on record.

2. The petitioner is the defendant/judgment debtor No.3.

3. The plaintiff respondent No.1 filed O.S.No.147 of 2011 for a decree directing the defendants to vacate and surrender vacant possession of the plaint scheduled property, as also for payment of the arrears of rent and damages.

4. The suit was decreed vide judgment/decree dated 24.11.2017 passed by the learned Principal Senior Civil Judge, Tirupati.

5. The plaintiff died on 24.11.2017 itself.

6. The respondent No.1, son of the original plaintiff/decree holder, filed E.P.No.12 of 2020.

7. The learned Principal Senior Civil Judge, Tirupati by order dated 03.03.2023 issued delivery warrant against the petitioner/judgment debtor under Order XXI Rule 35 C.P.C.

8. Challenging the order dated 03.03.2023 the present Civil Revision Petition has been filed.

9. Learned counsel for the petitioner submitted that the E.P was filed under Order XXI Rule 35 C.P.C which provision is not applicable. In his submission, the application ought to have been filed under Order XXI Rule 36 C.P.C., as the petitioner/judgment debtor is the tenant