G Seetharammayya (Died) v. P Attarao (Died)
THE HON'BLE SRI JUSTICE P. NAVEEN RAO CIVIL REVISION PETITION No.5401 OF 2018 Dated:26.10.2018 Between:
Gudapati Seetharamayya (died), R/o.Door No.1-28-18, Kadakatla, Tadepalligudem, West Godavari District and others .. Petitioners And Potlapalli Ayyarao (died) and others .. Respondents The Court made the following:
THE HON'BLE SRI JUSTICE P. NAVEEN RAO CIVIL REVISION PETITION No.5401 OF 2018 ORDER:
Heard.
2.
E.P.No.194 of 2008 in O.S.No.668 of 2002 on the file of the Principal Junior Civil Judge, Tadepalligudem, was filed for execution of the decree passed in the said suit. By order dated 02.08.2018, the said E.P. was allowed deputing the Court Amin for compliance of the decree and judgment in O.S.No.668 of 2002. Aggrieved thereby, this revision is filed.
3.
When the matter is taken up for consideration, having regard to the decree passed in the suit and the orders in E.P.No.194 of 2008, learned counsel for the petitioners fairly submits that petitioners be granted reasonable time of six months to remove the obstructions marked as X, X1, X5, X4, X3 and X2 of the plaint plan abutting the municipal road and the drain on the South of the schedule property.
4.
Learned counsel for the respondents also submits that having regard to the fact that decree was passed on 18.03.2008 and took for such a long time for compliance, it is unreasonable on the part of the petitioners to seek long time for compliance of the decree.
5.
However, having regard to the fair statement of learned counsel for the petitioners, who agreed to comply with the decree, this Court deems it appropriate to grant reasonable time to them.
6.
Therefore, without entering into the merits of the case, the Civil Revision Petition is disposed of directing the petitioners to comply with the decree by removing the obstructions marked as X, X1, X5, X4, X3 and X2 of the plaint schedule within a period of three months from the date of receipt of a copy of the order. Pending Miscellaneous Petitions, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date:26.10.2018 KH