Mogadala Satishkumar v. Sanyasi Rajalakshmi

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CIVIL REVISION PETITION No.5600 of 2015 ORDER:

Heard.

At the stage of admission, the following order is passed. This Civil Revision Petition is filed by the petitioners, who are the respondents in R.C.C No. 2 of 2010 and JDRs in E.P.No. 38 of 2015 on the file of the Court of Rent Controller under A.P. Buildings (Lease, Rent and Eviction) Control Actcum-Junior Civil Judge, Rajam. The grievance of the petitioners is that in the matter of execution, certain irregularities were committed rendering the delivery of property a mockery. According to the petitioners, they were running the cable net work shop in the petition schedule premises and when the schedule shop was opened, the Court Amin without even visiting the shop premises affected the delivery from elsewhere by making it a paper delivery and hence, entire delivery proceedings are vitiated as no legal procedure was followed.

The petitioner, therefore, prays to set aside the warrant dated 3.12.2015 in E.A.No. 15 of 2015 in E.P.No. 38 of 2015 in RCC No.2 of 2010 on the file of the Court of Rent Controller under A.P. Buildings (Lease, Rent and Eviction) Control Act-cum-Junior Civil Judge, Rajam.

effected as per law, they are at liberty to bring those facts to the notice of Executing Court by way of an appropriate application and if they do so, the Executing Court shall enquire into the allegations leveled by the petitioners and pass appropriate orders under law.

With this observation, the Civil Revision Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, pending if any, shall stand closed.

_________________________ U.DURGA PRASAD RAO, J Date: 18.12.2015 KA Note: Furnish copy by Monday.