Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Dr. V R K Krupa Sagar, J
Tommedella Venkata Ratnam – Appellant
Versus
Dakavarapu Krishnaji – Respondent
ORDER :
V.R.K.KRUPA SAGAR, J.
1. Decree holder preferred this Civil Revision Petition under section 115 of CPC assailing the order dated 27.11.2017 of the execution court in E.A.No.213 of 2017 in E.P.No.154 of 2007 in O.S.No.132 of 1991 of the learned Principal Senior Civil Judge, Kovvur.
2. Respondent herein is one of the judgment debtors.
3. Sri S.Appadhara Reddy, the learned counsel for revision petitioner and Sri P.Sravan Kumar appearing on behalf of Sri O.Manohar Reddy, the learned counsel for respondent submitted arguments.
4. Learned counsel for petitioner cited
• RPA Vallimmal V. R.Palanichami Nadar, [(1997) 10 SCC 209]
• Manickam alias Thandapani V. Vasantha , 2022 LawSuit (SC) 519.
• Sarverunnisa Begum V. Syed Rafeeq , 2015 (4) ALD 225.
• K.Jayarajan V. Sambasivan, Order dated 01.02.2022 of the High Court of Kerala at Ernakulam.
5. Learned counsel for respondent cited
• B.V.Patankar V. C.G.Sastry , AIR 1961 SC 272
• Adcon Electronics Private Limited V. Daulat , (2001) 7 SCC 698
6. The following facts and legal events are required to be noticed: -
An immovable property in an extent of Ac.3.57 cents which is agricultural land situated in R.S/73/7 in Patta No.199 in Mysannagudem Villag
A decree for specific performance of a contract implicitly includes the right to possession of the property, and objections regarding the decree's executability must be raised collectively.
Court neither loses its jurisdiction after grant of decree for specific performance nor it becomes functus officio – If an ancillary or incidental relief is not granted, there would be no value to de....
Point of law: If once we accept the legal position that neither a contract for sale nor a decree passed on that basis for specific performance of the contract gives any right or title to the decree-h....
The decree for specific performance inherently includes the right to possession, making separate requests for possession unnecessary unless specific circumstances require it.
The court established that relief of possession in specific performance cases can be claimed at any stage, including execution, and is not limited to the original decree.
A decree for specific performance encompasses a direction for delivery of possession, and the absence of a specific clause for delivery of possession is not mandatory.
The main legal point established in the judgment is that the relief of possession can be granted without being specifically claimed in a suit for specific performance, as per Section 22(2) of the Spe....
Objection to execution of decree – All questions arising between parties to suit in which decree was passed or their representatives relating to execution, discharge or satisfaction of decree must be....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
