S Sahana v. Y Kamalakar Rao

HON'BLE SRI JUSTICE S.V. BHATT CIVIL REVISION PETITION No.2179 OF 2015 ORDER:

The request of the revision petitioner for examination of revision petitioner on commission is rejected by the executing Court. Hence, the revision.

Sri T.C.Krishnan, learned counsel appearing for the revision petitioner while assailing the findings recorded by the executing Court further tried to persuade this Court that the revision petitioner being a widow and not keeping good health, the request for examination by Advocate Commissioner ought to have been favourably considered by the executing Court. I have perused the material available on record and also the findings recorded by the executing Court. The executing Court has considered all aspects of the request and recorded clear findings for refusing the prayer in E.A.No.161 of 2015. In my view no exception can be taken to the findings recorded by the executing Court. In the exercise of revisional jurisdiction under Section 115 CPC, the prayer cannot be considered. Accordingly the C.R.P. is dismissed. No order as to costs.

Miscellaneous petitions, if any, pending in the C.R.P. shall stand closed.

___________ S.V.BHATT, J Date:26.06.2015 Stp