HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA CIVIL REVISION PETITION No. 3033 OF 2025

O R D E R:

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 to issue warrant of delivery of possession of vacant land as per the decree.

Meanwhile, the sole Decree Holder viz. Rama Rajaram died on 20.03.2001 and his LRs. Ram Salamma, Ram Pocham and Ram Kistaiah were brought on record as per orders in EA No.

01/2001 dated 15.06.2001.

2.1. The M.R.O., Bellampalli filed E.A. No. 03 of 2001 in E.P. No. 01 of 2000 in OS No. 18 of 1986 under Order XXI Rules 97 & 35 read with Section 151 CPC to adjudicate the claims of the Government over the land in Survey Nos. 3/6, 3/7 admeasuring Acs. 2.80 cents and Acs. 2.97 cents respectively and suit schedule land in Survey No. 3 Paiki (3/9) admeasuring Acs.2.75 cents situated at Akenapalli Village and to declare the Government as owner of the above said lands. This E.A. was dismissed with costs on 28.08.2001. Initially, the Junior Civil Judge, Asifabad issued a warrant to the Bailiff to deliver vacant possession of suit schedule land to the Decree Holder. The Bailiff filed a report on 23.07.2001 stating that warrant was returned unexecuted since pucca constructions of shops and residential quarters are there in the suit schedule land and praying for want of further specific orders for execution of the warrant.

2.2. The Decree Holder filed E.A. No. 05 of 2001 in E.P. No. 1 of 2000 in OS No. 18 of 1986 under Order XXI Rule 97(1) read with Section 151 CPC. to direct the Bailiff to remove the obstructions, if any made by third parties while executing the warrant of delivery of vacant possession of the suit schedule land, if necessary by taking assistance of the Police. This E.A. was allowed on 28.08.2001 and the Court ordered issuance of fresh warrant. Accordingly, a fresh warrant was issued to the Bailiff. However, the Bailiff filed a report on 15.09.2001 stating that in Survey No. 3 Paiki (3/9) in an extent of Ac.2.75 cents, there is no shopping complex under Survey No. 3 Paiki (3/6) and (3/7) and he certified and returned warrant along with report of Village Sarpanch and Executive Officer. The Decree Holder filed objections on 08.10.2001 smelling some foul play since the Bailiff at the first instance in his report dated 23.07.2001 stated that there are pucca constructions of shops and residential quarters and in his further report dated 15.09.2001, he stated that there is no shopping complex in the suit schedule land.

2.3. Meanwhile, the Mandal Revenue Officer, Bellampalli preferred AS No. 10 of 2001 before the Senior Civil Judge, Asifabad against the order of the Junior Civil Judge, Asifabad dated 28.08.2001 in E.A. No. 03 of 2001. In this Appeal, initially, stay of all proceedings was granted and later, by order dated 06.06.2006, the order of the Junior Civil Judge, Asifabad dated 28.08.2001 was set aside and the mat