THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CIVIL REVISION PETITION No. 1771 OF 2025

ORDER:

This civil revision petition is filed against returning of E.A.S.R.No.873 of 2025 in E.P.No.4 of 2024 in O.S.No.9 of 2012 on the file of the Principal Senior Civil Judge at Siddipet.

2. The grievance of the petitioner is that he is a third party to the suit and that he has filed E.A.S.R. in the execution petition claiming to be the owner and possessor of the property. The trial Court has returned the said application on 02.05.2025 with the following endorsement:

“On perusal of the record, the attachment of warrant is not executed. How this petition is maintainable. Hence, liable to be returned”.

3. According to the learned counsel for the petitioner, the said E.A.S.R. is maintainable under Order XXI read with Rules 99 and 102 of C.P.C. He is seeking protection of his possession over the property till the trial Court decides the application.

4. Learned counsel appearing on behalf of the respondents on caveat, submits that the petitioner ought to have resubmitted the application along with his explanation and instead he has approached this Court by way of this revision petition. He submits that the suit for partition was originally instituted in 1975 and the present suit i.e., O.S.No.9 of 2012 filed for declaration of title was also decreed and the appeal suit filed against the same was dismissed and the second appeal filed before this Court has also been dismissed and thereafter, the execution petition has been filed and that the E.A.S.R. is filed only to delay the proceedings in the execution petition.

5. After hearing both the parties, this Court finds that returned the application by raising a query as to how it is maintainable. All that the petitioner has to do is to resubmit the application along with his explanation and it maintainability and thereafter on merits of the application.

6. Therefore, the civil revision petition is disposed of with liberty to the petitioner to resubmit the application along with his explanation before the trial Court and the trial Court shall decide the same in accordance with law.

Miscellaneous petitions, pending if any, shall stand closed.

____________________________ JUSTICE T.MADHAVI DEVI

Date: 12.06.2025

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