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B. V. L. N. CHAKRAVARTHI
Khandavilli Rudraveni, W/o. Rudrayya – Appellant
Versus
Khandavilli Annavaram, S/o. Bodiyya – Respondent
ORDER :
This revision-petition is directed against the Order, dated 19.01.2015 in I.A.No.130 of 2009 in O.S.No.262 of 1988 on the file of Principal Senior Civil Judge’s Court, Rajahmundry filed under Section 144 of the Code of Civil Procedure, 1908 (for brevity ‘CPC’), whereunder the Trial Court ‘Partly Allowed’ the application, for restitution of possession of ‘C’ schedule property to the defendant No.2.
2. The Respondent No.1/judgment-debtor No.2 filed I.A.No.130 of 2009 before the original Court for restitution of the impugned property i.e., ‘C’ schedule property covered by decree in the partition suit i.e., O.S.No.262 of 1988, and the Trial Court after considering the evidence of both sides placed before it ‘Allowed’ the application since the said property was delivered in execution of the decree in the partition suit, which was later set-aside in O.S.No.68 of 1993.
3. The contention of the revision-petitioner, who is the decree-holder in the Partition suit, is that the property ordered for restitution, is not a part of ‘C’ schedule property covered by the partition suit and that it was not delivered in execution of the decree of the partition suit. The contention of the respon
An order passed under Section 144 of CPC is a decree and therefore an appeal lies against it under Section 96 of CPC. A revision petition under Article 227 of the Constitution of India is not maintai....
Section 144 CPC applies to interlocutory orders, allowing restitution of possession based on established prima facie title.
The court has inherent power under Section 151 of CPC to recall an order dismissing a suit as not-pressed and restore the suit on its file, especially when the dismissal was based on a settlement agr....
The transferee or subsequent purchaser can maintain an application under Order I Rule 10 of CPC, and misquoting the provision of law cannot be a ground for rejecting the application.
Amendments to pleadings should be allowed to facilitate justice when trial has not commenced and do not prejudice the opposing party.
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