A party cannot challenge a judgment's execution or validity through applications without first appealing the judgment itself.

ORDER :

K. LAKSHMAN, J.

Lis involved in these revisions and the parties are one and the same. Therefore, the same were heard together and decided by way of this common order:-

2. Heard Mr. C.Damodar Reddy, learned Senior Counsel representing Sri K.Suyodh Reddy, learned counsel for the petitioner and Sri Kondaparthy Kiran Kumar, learned counsel appearing for 1^st respondent. Respondent Nos.2, 4 to 8 are only formal parties.

3. These two revisions are filed under Article 227 of the Constitution of India assailing the common order dated 10.09.2025 passed in I.A.Nos.497 and 498 of 2024 in A.S.No.8 of 2022 passed by the learned Principal District Judge, Medchal – Malkajgiri District at Malkajgiri.

UNDISPUTED FACTS:-

4. 1^st respondent herein has filed a suit vide O.S.No.769 of 2010 against the petitioner herein, respondent Nos.2 and 3 herein for perpetual injunction in respect of the agricultural land admeasuring Ac.2.24 guntas in Sy.No.573, Ac.2.16 guntas in Sy.No.574 in total Ac.5.00 guntas situated at Old Alwal Village, Alwal Municipality, Malkajgiri Mandal, Ranga Reddy District. The same was decreed on 31.12.2018 by the learned Principal Senior Civil Judge at L.B.N4agar, Ranga Reddy District.

5. Defendant Nos.2 and 3 preferred an appeal vide A.S.No.8 of 2022 challenging the said judgment and decree dated 31.12.2018 in O.S.No.769 of 2010. Defendant Nos.2 and 3 filed two interlocutory applications under Order 41 Rule 33 read with Section 151 of CPC to suspend the operation of said judgment and decree dated 31.12.2018 and under Order 41 Rule 5 of CPC to stay all further proceedings in E.P.No.249 of 2022 in the said appeal and the said applications were dismissed. Defendant Nos.2 and 3 did not take any steps challenging the said order and the same attained finality. However, A.S.No.8 of 2022 pending and it is posted to 04.02.2024 for hearing.

6. The petitioner herein /Defendant No.1 did not prefer any appeal challenging the said judgment and decree dated 31.10.2018 in O.S.No.769 of 2010. However, he has filed a suit vide O.S.No.34 of 2023 seeking declaration that the said judgment and decree dated 31.12.2018 in O.S.No.769 of 2010 is not binding on him. In the said suit, he has filed I.A.No.238 of 2023 seeking suspension of the operation of said judgment and decree dated 31.12.2018 in O.S.No.769 of 2010. Learned Principal District Judge, Medchal – Malkajgiri District granted interim injunction order dated 24.02.2023. Subsequently, the said I.A.No.238 of 2023 was dismissed on 09.10.2023. Aggrieved by the said order, the petitioner herein/Defendant No.1 has preferred CMA No.613 of 2023 and the same is pending. Thereafter, the petitioner herein/Defendant No.1 filed two applications vide I.A.No.497 of 2024 under Order 41 Rule 33 read with Section 151 of CPC to suspend the operation of said judgment and decree dated 31.12.2018 and I.A.No.498 of 2025 under Order 41 Rule 5 of CPC to stay all further proceedings in E.P.No.249 of 2022 in the said appeal and the said applications were dismissed vide common order dated 10.09.2025. Challenging the said order, the petitioner filed the present revisions.

7. 1^st respondent/D.Hr. filed E.P.No.249 of 2022 against J.Drs. seeking execution of the said judgment and decree dated 31.12.2018. It is pending.

8. The petitioner/Defendant No.1 filed the aforesaid I.A.Nos.497 and 498 of 2024 contending as follows:-

i. 1^st respondent/plaintiff obtained the said judgment and decree dated 31.12.2008 in O.S.No.769 of 2010 by playing fraud on the Court.

ii. 1^st respondent/plaintiff himself in the capacity of the agreement of sale – cum – General Power of Attorney holder, has executed a registered sale deed