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2026 Supreme(Online)(Tel) 6773

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
Kurva Mailari – Appellant
Versus
Shaik Khasim Saheb – Respondent
CRP 513/2026



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR CIVIL REVISION PETITION No.513 of 2026 DATE OF ORDER: 20.02.2026 Between:

Sri. Kurva Mailari and ninety one others.

…Petitioners AND Sri. Shaik Khasim Saheb and fifty four others.

…Respondents

ORDER:

This Civil Revision Petition is filed under Article 227 of Constitution of India seeking the following prayer:-

“to call for the records of the order dated 12.09.2025 in E.P.No.48 of 2010 in O.S.No.72 of 2009 on the file of Additional Senior Civil Judge at Gadwal, in issuing the orders directed the bailiff and other staff of the Court to evict the petitioners from the EP schedule property i.e,. Land in SY.No.129, admeasuring Ac.11-02 gts at Chamankhandoddi Village, Ghattu mandal, Jogulamba Gadwal Dsitrict thought he eptienrs aree not parties to the ex-parte decree passed in O.S.No.72 of 2009 and further the claim petitioner of the petitoenrs in E.P.No.48 of 2010 is pending fefore the Principal District Judge, Gadwal in A.S.No.1 of 2026 and stay of all further proceedings in E.P.No.48 of 2010 including eviction of the petitioners from their respective houses which are existing in the above EP schedule property, till finalization of htier claim petitioner which is pending beopfe rthe District Judgem, Gadwal in A.S.No.1 of 2026.”

2. Learned counsel for the petitioners submits that the Additional Senior Civil Judge at Gadwal, (herein referred as ‘the trial Court’) vide order dated 04.04.2024 in E.P.No.48 of 2010 in O.S.No.72 of 2009, issued the following directions to the Bailiff of the Court:-

“Whereas the under named property in the occupancy of J.Drs above named has been decreed to the plaintiffs are declared as owners and possessors of the suit land and consequently they are entitled to recover possession the plaintiff in this suit. You are hereby directed to put the said property in possession of the same, and you are hereby authorized to remove any person bound by the decree who may refuse to vacate the same with the aid of Superintendant of Police, Jogulamba Gadwal District.”

3. Thereafter, the Bailiff of the Court filed report dated 06.08.2024, stating that on 06.08.2024, he visited the subject property i.e., land to an extent of Ac.11-02 gts in Sy.No.129 and noticed that there are total 200 residents i.e., 150 houses and 50 huts in Sy.No.129 and further stated that as per delivery of possession order the schedule property is different to the property available on the physical verification, hence, he requested the villagers to clarify the same, however, no villagers came forward to clarify the same. The panchayat Secretary and villagers were not available in the village, therefore, the warrant was returned to the Nazarath Section as “unexecuted”.

4. Learned counsel for the petitioners submits the trial Court without considering the Bailiff’s report dated 06.08.2024 issued order dated 12.09.2025 in E.P.No.48 of 2010 in O.S.No.72 of 2009, wherein the following directions were given to the Bailiff of the Court:-

“Whereas the under named property in the occupancy of J.Drs above named has been decreed to the plaintiffs are declared as owners and possessors of the suit land and consequently they are entitled to recover possession the plaintiff in this suit. You are hereby directed to put the said property in possession of the same, and you are hereby authorized to remove any person bound by the decree who may refuse to vacate the same.”

Questioning the order dated 12.09.2025 in E.P.No.48 of 2010 in O.S.No.72 of 2009, petitioners filed the present Civil Revision Petition.

5. Learned counsel for the petitioners submits that subsequent to the impugned order dated 12.09.2025, the Bailiff of the Court visited the suit schedule property and filed report dated 15.12.2025, stating the same as stated by the Bailiff in the report dated 06.08.2024 and returned the warrant to the Nazarath Section as “unexecuted”.

6. Learned counsel for the petitioners fair

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