O R D E R:

This Civil Revision Petition is filed questioning the Order dated

13.06.2022 in E.A.No.118 of 2021 in E.A.No.74 of 2021 in E.P.No.51 of 2015 in O.S.No.286 of 2011 on the file of the Senior Civil Judge, Narasapuram.

02. Heard Sri Aparna Lakshmi, learned Counsel for the Petitioner and perused the material available on record.

03. The Petitioner is the Judgment Debtor and the respondent is the Decree Holder in E.P.No.51 of 2015 on the file of the Senior Civil Judge, Narsapuram.

04. Learned counsel for the petitioner submits that the respondent filed E.A.No.118 of 2021 in I.A.No.74 of 2021 in E.P.No.51 of 2015 before the Senior Civil Judge, Narasapuram, to grant police aid and direct the Station House Officer, Palakol Town P.S. to assist the Amin to execute the warrant by evicting the petitioner from the EP schedule Property and for vacant possession. The Executing Court, on erroneous consideration of the facts, allowed the said E.A.

05. Learned counsel for the petitioner further submits that the Executing Court ought to have seen that the schedule property in E.P.No.51 of 2015 in O.S.No.286 of 2011 was transferred in favour of Veera Rama Tulasi and Koya Venkata Satya Naga Jyothi as Pasupu Kunkuma on 25.08.2011 i.e., prior to the institution of the suit, and even though the said fact was known to the respondent, he has not made them as party either to the suit or to the EP Proceedings and as such, the Warrant issued in E.A.No.118 of 2021 in E.A.No.74 of 2021 in E.P.No.51 of 2015 in O.S.No.286 of 2011 is not maintainable and the same is liable to be dismissed. The Executing Court ought to have seen that the suit schedule property is government land and unless rightly settled in favour of the respondent, the suit schedule property is not liable for attachment or delivery of the suit schedule property. The Executing Court ought to have seen that against the Orders passed in E.A.No.262 of 2019, which was filed for production of documents by the Secretary, Grampanchayat, to establish that the suit schedule property belongs to the Government and is a poramboke land, CRP No.614 of 2020 is filed and the same is pending for consideration. The Executing Court ought to have seen that the petitioner is suffering with age old ailments and could not comply by depositing the decretal amount, and if sufficient time is given, he is ready to comply with decree in O.S.No.286 of 2011. Therefore, he prayed to allow the present Civil Revision Petition.

06. Having heard the submissions of the respective counsel and upon perusal of the material available on record, it appears, the respondent participated in the auction and stood as highest bidder. Thereafter, since he made payment in terms of the auction, sale certificate was issued to the respondent on 15.09.2021. Thereafter, the respondent filed the Execution Petition to deliver the possession of the EP schedule property. Accordingly, the Executing Court was pleased to issue a delivery warrant to the Amin to deliver the possession of the same to the respondent after evicting the petitioner. On 16.11.2021 when the Amin along with the respondent went to EP schedule property for obtaining delivery of the schedule property, the daughter of the petitioner resisted for execution of the warrant. Thereafter, the respondent filed E.A.No.118 of 2021 for grant of police aid and direct the Station House Officer, Palakol Town P.S. to assist the Amin to execute the warrant by evicting the petitioner from the EP schedule Property and for vacant possession and the same was allowed by the Executing Court. The Executing Court, on perusal of the Amin Report, noticed that the daughter of the petitioner obstructed for delivery of the possession of the schedule property to the respondent, and as such, the Executing Court rightly granted Police Aid while directing the S.H.O. Palakol Town Police Station to assist the Amin in execution of the delivery warrant.

07. Therefore, this Court do not find any irregularity or ille