Smt.N.Tara v. N.Devanand

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Civil Revision Petition Nos. 5033 of 2013 and 1498 of 2014 Common Order:

These two Civil Revision Petitions are being disposed of by this common order, as they arose out of the same cause of action.

2. The petitioner in both the Civil Revision Petitions is the judgment debtor in OS No.314 of 1994 on the file of the Principal Senior Civil Judge, Ranga Reddy District, at L.B. Nagar. The respondent herein filed the said suit for specific performance of an agreement of sale and a compromise decree was passed on 19.09.1997 in terms of compromise. Subsequently, when the compromise decree was not implemented by the judgment debtor, the decree holder was constrained to file EP No.283 of 2004 in OS No.314 of 1994 and an order was passed by the executing Court on 05.11.2013 for filing draft sale deed. Against the said orders, the judgment debtor filed CRP No.5033 of 2013. The judgment debtor also filed EA No.90 of 2014 in EP No.283 of 2004 seeking stay of execution of the order, dated 05.11.2013 and, when the said application was dismissed, she filed CRP No.1498 of 2014. When these two CRPs are pending, the order in EP No.283 of 2004 is carried out and a registered sale deed was also executed.

3. In the circumstances, nothing survives for adjudication, as the proceedings arose out of a compromise decree and a registered sale deed was also executed.

4. Accordingly, both the CRPs are dismissed as infructuous. However, in the circumstances, no costs.

5. As a sequel thereto, the miscellaneous petitions, if any, pending in these Civil Revision Petitions shall stand closed.

________________________ A.

RAMALINGESWARA RAO, J.

Date: 08.02.2016 Nsr