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T.AMARNATH GOUD
Ashok Kumar Jain – Appellant
Versus
Karan Raj – Respondent
ORDER :
T. Amarnath Goud, J.
1. This civil revision petition is filed under Section 115 of CPC assailing the order dated 19.2.2020 and consequential docket order dated 20.3.2020 terminating the E.P. by endorsement that warrant is executed in EP No. 16 of 2018 in OS No. 27 of 1999 on the file of the Court of the Senior Civil Judge, Medak.
2. The facts that led to the filing of the present civil revision petition, in nutshell, are as follows :
3. The first respondent filed the suit OS No. 27 of 1999 against six defendants for specific performance of contract in respect of the suit schedule property by virtue of an agreement of sale dated 1.11.1996 which was executed by defendant Nos. 1 to 4 therein in favour of the first respondent/plaintiff. The said suit was decreed ex parte on 28.3.2000. The first respondent filed EP No. 11 of 2002 in the said suit wherein the Trial Court directed the defendant Nos. 1 to 4 to execute and register a regular sale deed in respect of the E.P. schedule property in his favour within three months from that date and in the event the defendants did not do so, the first respondent/plaintiff is entitled to get the same through Court. Since the J.Drs., did not ex
The absence of legal representatives of a deceased party in execution proceedings renders the execution improper, requiring the court to address objections regarding ownership and property details.
The court reaffirmed that claimants must provide clear evidence of ownership and cannot rely solely on revenue records to establish title.
Post-trial amendments to pleadings are generally not favored by courts and may be rejected if they are barred by limitation, would cause prejudice to the opposite party, change the nature of the suit....
The validity of a decree and the competency of a party to maintain an application must be determined by a Competent Court, and the scope of interference in proceedings under Article 227 of the Consti....
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