Sk.Fareeda v. Syed Kalesha

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.5388 of 2006 Date:05.02.2016 Between:

S.K.Fareeda, W/o Kalesha and another.

..... Petitioners And:

Syed Kalesha, S/o Mahaboob Saheb .....Respondent Counsel for the Petitioners: Mrs. P.Sharada Counsel for the Respondents: Mr. V.Sudhakar Reddy The Court made the following:

ORDER:

The petitioners, who are judgment-debtors in O.S.No.37 of 1999 on the file of Junior Civil Judge, Sullurpet, Nellore District, filed this Civil Revision Petition against order, dated 23.9.2006, in E.P.No.118 of 2004, directing execution of the decree.

The only point argued by Mrs. Sharada, learned counsel for the petitioners, is that the decree has been questioned in a Second Appeal and the same is pending.

In my opinion, so long as the decree is not stayed, the respondents are entitled to execute the same.

In that view of the matter, I do not find any jurisdictional error in the order of the Execution Court directing execution of the decree.

Accordingly, the Civil Revision Petition is dismissed. However, this order will not preclude the petitioners from seeking appropriate interim relief in the Second Appeal stated to have been filed by them. As a sequel to dismissal of the Civil Revision Petition, CRPMP.Nos.7433 of 2006 and 5474 of 2008 shall stand dismissed as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY 05th February, 2016 DR