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IN THE HIGH COURT OF TELANGANA
P.SAM KOSHY
G.Ananthalakshmi – Appellant
Versus
S.Srinivasulu – Respondent
ORDER :
P.Sam Koshy, J.
Since the issue in these two Revision Petitions is one and the same, they are being decided by this Common Order.
2. Heard Mr. Bankatlal Mandhani, learned counsel for the petitioners and Mr. D. Srinivas Prasad, learned counsel for the respondent.
3. Civil Revision Petition No.1200 of 2023 is filed assailing the docket order dated 11.04.2023, in E.A.S.R.No.4429 of 2023 in E.P.No.157 of 2023 in O.S.No.135 of 2006, on the file of the I Addl. Chief Judge, City Civil Court at Secunderabad. Similarly, Civil Revision Petition No.1651 of 2023 is also filed assailing the docket order dated 11.04.2023 in E.A.S.R.No.4422 of 2023, in E.P.No.157 of 2023, arising of the same suit i.e. O.S.No.135 of 2006, on the file of the I Addl. Chief Judge, City Civil Court at Secunderabad.
4. For convenience, the facts in Civil Revision Petition No.1200 of 2023 are discussed herein under.
5. The whole issue germinates from a Civil suit that was filed way back in the year 2006 i.e. O.S.No.135 of 2006 by the respondent herein for declaration of title with delivery of possession, along with mesne profits and damages. After a prolonged litigation, the suit was finally decreed in favour of the
The Execution Court's rejection of a petition under Section 47 of the CPC was justified due to the petitioners' inconsistent claims over property ownership and tenancy, indicating a deliberate attemp....
An ex parte decree that is cryptic and non-compliant with procedural requirements cannot be executed; necessary amendments to parties and relief sought must be pursued to validate execution.
The executing court must adjudicate all questions relating to right, title, or interest in property during execution proceedings, preventing collusion and ensuring timely justice.
The main legal point established is that valid reasons for failing to contest proceedings, such as the petitioner's purchase under the SARFAESI Act, can influence the court to set aside orders and di....
The executing court cannot entertain objections outside the decree's scope, and jurisdictional challenges must be raised initially, not post-confirmation of the eviction decree.
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