T. Pavan Kumar v. B. Yashoda

HONOURABLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.2 5 5 9 of 2 0 1 9 ORDER:

This revision is filed under Article 227 of the Constitution of India aggrieved by the docket order dated 30.09.2019 passed in EA.No.105 of 2019 in E.P.No.26 of 2018 in O.S.No.1388 of 2014 by the VII Additional Junior Civil Judge, City Civil Court, Hyderabad, wherein the application filed to execute the warrant by break open the lock of the schedule property and deliver possession in terms of the decree, was allowed.

2. Heard learned counsel for the petitioner/ J.Dr. and perused the material on record.

3. Learned counsel for the petitioner/ J.Dr. would submit that no notice was served on the revision petitioner and the impugned order was obtained by playing fraud and ultimately prayed to set aside the same.

4. As seen from the impugned order dated 30.09.2019, due procedure as contemplated under Order XXI Rule 36 CPC was followed. The Court below did not commit any illegality or perversity in passing the impugned order. The Civil Revision Petition is devoid of merits and is liable to be dismissed.

5. Accordingly, this Civil Revision Petition is dismissed. No costs.

Miscellaneous petitions, if any, shall stand closed. ________________________ Dr . SHAMEEM AKTHER, J Date: 08.11.2019 ska