IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE K. SUJANA
THAKUR HARINATH SINGH – Appellant
Versus
THAKUR RATNA BAI(DIED) – Respondent
Certainly. Here are the key points derived from the provided legal document:
The case involves civil revision petitions challenging orders related to the enforcement of a decree for recovery of possession of certain properties, specifically the "A" schedule property (!) (!) .
The original suit was filed in 1976 and decreed in favor of the petitioners in 1986, with subsequent appeals dismissed in 2000 (!) .
Multiple execution petitions were filed over the years, but they faced repeated setbacks due to insufficient boundary details and inability to identify the property for delivery of possession (!) (!) .
The execution proceedings involved appointing an Advocate-Commissioner and using revenue records, survey reports, and village maps to identify the property, but the process was halted due to lack of a complete report from the Commissioner (!) (!) (!) .
The petitioners, who were minors at the time of the suit, faced difficulties in providing precise boundary details due to the nature of the land records, which are often imprecise for agricultural lands (!) (!) .
The courts below adopted a very technical approach by dismissing the execution petitions on the grounds of insufficient boundary identification, which the appellate court found to be an error, emphasizing that appointment of an Advocate-Commissioner with official assistance is a legitimate and necessary step in such cases (!) (!) .
The appellate court observed that the executing court should have continued efforts to identify the property, including appointing a new Advocate-Commissioner and utilizing revenue records and officials, rather than dismissing the execution proceedings (!) (!) .
The appellate court concluded that the orders passed by the trial court suffered from legal and procedural errors and accordingly set aside those orders (!) .
It directed the trial court to appoint a new Advocate-Commissioner, preferably
THE HONOURABLE SMT. JUSTICE K. SUJANA CIVIL REVISION PETITION Nos.2030 & 3355 of 2018
COMMON ORDER:
Since the issue involved in all these criminal petitions is one and the same, they are being heard together and are being decided by way of this common order.
2. C.R.P.No.3355 of 2018 is filed challenging the order dated 23.03.2018 passed in E.P.No.1 of 2009 in O.S.No.65 of 1976 by the learned Senior Civil Judge, Nalgonda; C.R.P.No.2030 of 2018 is filed challenging the order dated 23.01.2018 passed in E.A.No.173 of 2017 in E.P.No.01 of
2009 by the learned Senior Civil Judge, Nalgonda.
3. The brief facts of the case are that the Revision Petitioners filed O.S.No.65 of 1976 seeking recovery of possession of properties listed in “A” and “B” schedule and for rectification of records. This suit was clubbed with O.S.Nos.245 of 1978 and 53 of 1979. By a common judgment dated 31.03.1986, O.S.No.65 of 1976 was decreed in favour of the Petitioners, while the other two suits were dismissed.
Respondent No.1 filed appeals (A.S.Nos.1671 and 1729 of 1986) before this Court, which were also dismissed on 19.06.2000. To enforce the decree, the petitioners initially filed E.P. under S.R. No. 53 of 2002, wh
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