THE HONOURABLE SMT. JUSTICE K. SUJANA CIVIL REVISION PETITION No.3869 of 2014

ORDER:

Challenging the order dated 29.10.2012 passed in E.A.No.137 of 2012 in E.P.No.67 of 2011 by the learned Principal Senior Civil Judge, Mahabubnagar, the present Civil Revision Petition is filed.

2. The brief facts of the case are that the respondent, who is the Judgment Debtor (J.Dr.), filed the Execution Application under Section 47 read with Section 151 of the Civil Procedure Code, challenging the maintainability of the Execution Petition (E.P.) filed by the petitioner, the Decree Holder (D.Hr.). The respondent contended that the petitioner had already received his rightful share of 1000 square yards as per the original arbitral award dated 14.12.1987 and that the relief sought in the E.P. exceeded the petitioner’s entitlement under the subsequent interim award dated 08- 08-1995. The respondent argued that the petitioner had alienated the very plots he was now seeking to enforce through execution, thereby rendering the decree inexecutable and contrary to the terms of the arbitration agreement.

3. On the other hand, the petitioner opposed the EA, asserting that the respondent had agreed to transfer t