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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Nagesh Bheemapaka
Byram Narayana – Appellant
Versus
Rama Rajam – Respondent
ORDER :
Nagesh Bheemapaka, J.
Aggrieved by the order in E.P. No. 08 of 2016 in O.S. No. 18 of 1986 on the file of the Junior Civil Judge, Bellampalli, Mancherial District dated 04.08.2025 and the consequential Eviction Notice dated 21.08.2025, Revision Petitioners / Third Party occupants on the alleged plaint schedule of properties preferred this Civil Revision Petition.
2. Originally, the suit was instituted on the file of the District Munsif Court, Asifabad, by the Plaintiff Rama Rajam against Madipally Ramagoud and 17 others as defendants. The said suit was decreed on 29.08.1992, declaring plaintiff as owner of the suit schedule land in Sy. No.3/Paiki (3/9) admeasuring Acs. 2-75 cents situated at Akenapalli Village of Bellampalli Mandal and defendants were directed to dismantle the structures and to hand over vacant possession of the suit schedule land to plaintiff with future mense profits @ Rs. 1,000/- per year. Aggrieved thereby, defendants preferred AS No. 14 of 1992 before the Senior Civil Judge Court at Asifabad. The said Appeal was dismissed on 31.01.1998. Plaintiff filed E.P. No. 01 of 2000 on the file of the Junior Civil Judge Court, Asifabad under Order XXI Rule 25 of CPC
Prolonged delays in execution proceedings obstruct justice, and third parties are estopped from raising objections previously decided in the original suit.
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....
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.
Repeated failure of petitioners to establish rights in execution proceedings justified dismissal of applications for stay and highlighted abusive court practices.
Point of law: Substantial rights of the parties involved in the case on hand because both parties are claiming title basing on their respective titles, that cannot be looked into in civil revision pe....
R.12(3) of the Tamil Nadu Buildings Rules mandates that a court has discretion to stay execution proceedings only if certain conditions are met.
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....
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