Sampathirao Krishna Rao v. Chinthada Yagnasena Rao

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL C.R.P.No.4911 of 2017

ORDER

This revision is directed against the order dated 29.06.2017 passed in E.P.No.14 of 2015 in O.S.No.22 of 2013 by the learned Junior Civil Judge, Tekkali, dismissing the petition filed under Order XXI Rule 11 CPC to realize the E.P. amount by way of sale of the schedule mentioned property.

2.

Heard learned counsel for petitioner and perused the material on record.

3.

The petitioner obtained decree in O.S.No.22 of 2013 on 09.09.2014 for an amount of Rs.92,143/- and he filed Execution Petition for realization of decretal amount by way of sale of E.P. schedule property which was already attached in I.A.No.60 of 2013 in O.S.No.22 of 2013 dated 05.03.2013. The Court below observed that the western boundary of schedule property mentioned in the execution petition is not tallying with the boundaries of property mentioned in the Encumbrance Certificate and unless and until the schedule in the Encumbrance Certificate is tallied with the E.P. schedule, no sale order would be passed, and directed the decreeholder to file fresh Encumbrance Certificate with correct boundaries of schedule property.

4.

Since the western boundary of schedule property is not tallying with the boundaries of property mentioned in the Encumbrance Certificate filed by petitioner and the Court below

MSKJ,J C.R.P.No.4911 of 2017 directed the petitioner to file fresh Encumbrance Certificate with correct boundaries, I do not find any error apparent on the face of record in the order impugned warranting interference by this Court. 5.

The Civil Revision Petition is accordingly dismissed. However, it is open to the petitioner/decree-holder to take appropriate steps in accordance with law. No order as to costs. Miscellaneous petitions, if any, pending in this revision shall stand dismissed.

________________ M.S.K.JAISWAL,J 22nd September, 2017 sj