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2024 Supreme(Online)(TEL) 14931

HIGH COURT OF TELANGANA
P.SREE SUDHA, J
Yadla Purushotham – Appellant
Versus
M/s.Sri Venkateswara CoOperative House Building Society / for AP Legislators Ltd – Respondent


ORDER:

This Civil Revision Petition is filed against the order dated

28.02.2023 in E.P.No.390 of 2021 in O.S.No.1963 of 2010 passed by the learned Junior Civil Judge, City Civil Court, Hyderabad.

2. The petitioner herein had filed an application in E.P.No.390 of 2021 before the trial Court under Order XXI rule 34 and 35 of C.P.C, for execution of the sale deed in terms of decree against respondent No.1/J.Dr.1 and recovery of possession against Judgment debtors No.1 to 7 and they were directed to deliver the vacant possession of the suit schedule land to the decree holder by demolishing the structures, but it was dismissed by the trial Court on the ground that it was barred by limitation. Aggrieved by the said order, petitioner preferred the present Civil Revision Petition.

3. The learned counsel for the revision petitioner mainly contended that the trial Court erred in taking the view that article 135 of the Limitation Act applies to the instant situation and the time period for filing the Execution Petition is three years from the date of decree as it was a mandatory injunction. The main relief sought for in the suit was to declare the sale deeds as null and void and the second relie

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