High Court for State of TelanganaCRP/4010/2017disposed of no costs

Dr.K.Venkatesham v. Dudekula Salaam And 5 Others

2023-01-24A.Santhosh Reddy4 pages

HON'BLE SRI JUSTICE A.SANTHOSH REDDY C.R.P.No.4010 of 2017 ORDER:

This revision is filed to set aside the order dated 25.01.2016 in I.A.No.70 of 2016 in O.S.No.56 of 1984 on the file of the Junior Civil Judge's Court at Narayankhed.

2. Heard learned counsel for the petitioner and the learned counsel for the respondents. Perused the record.

3. The petitioner-plaintiff obtained ex parte judgment and decree, dated 29.10.1984 in O.S.No.56 of 1984 against the respondent Nos.1 and 2 and others. While so, the petitioner filed I.A.No.70 of 2016 to direct the Station House Officer, Narayankhed Police Station to provide police protection to him to support the judgment and decree dated 29.10.1984 passed in the above suit on the ground that respondent Nos.1 and 2 along with other respondents are interfering with their peaceful possession and enjoyment over the suit schedule property.

4. Respondent Nos.1 to 6 resisted the said application by way of counter affidavit. The trial Court dismissed the application by

order dated 30.06.2017. Aggrieved by the same, the present revision is filed.

5. Learned counsel for the petitioner fairly conceded that there are no merits in the application, however, he may be permitted to file the Execution Petition for implementation of the decree and the judgment in O.S.No.56 of 1984, dated 29.10.1984.

6. Learned counsel for the respondents submits that he has no objection to dispose of the civil revision petition permitting the petitioner to file the Execution Petition, if he is aggrieved and considers it necessary.

7. Having regard to the submissions made by the learned counsel for both the parties, without expressing any opinion on merits, the petitioner is permitted to avail the remedies available under law by filing the necessary Execution Petition for implementation of the decree and the judgment in O.S.No.56 of 1984, dated.29.10.1984, if the same is violated by the respondents.

8. Accordingly, the civil revision petition is disposed of. No order as to costs. Miscellaneous applications, if any, pending shall stand closed.

______________________ A.SANTHOSH REDDY, J 24.01.2023 Nvl