N.V Subba Rao, v. J. Srinivasa Rao

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO CIVIL REVISION PETITION Nos. 221 and 222 of 2017 COMMON ORDER:

Heard learned counsel for the petitioner and learned counsel for the respondent.

These two civil revision petitions are being disposed of by this common order, as the learned counsel for the parties consented for passing the following order:

These two revision petitions arise out of separate orders, dated 22.11.2016, passed in E.P.Nos.48 and 59 of 2015 filed pursuant to the decree passed in O.S.No.775 of 2013 on the file of the I Additional District Judge, Ongole, Prakasam District. During the course of hearing, learned counsel appearing for the parties consented for setting aside the impugned orders and remanding the matters to the executing Court for passing fresh orders in accordance with law after giving due opportunity to both the parties and after considering the oral and documentary evidence, as it is contended by the learned counsel for the petitioner that the documentary evidence was not considered by the Executing Court while passing the impugned orders and they suffer from inconsistencies.

In view of the above, the civil revision petitions are allowed and the orders, dated 22.11.2016, passed in E.P.Nos.48 and 59 of 2015 in O.S.No.775 of 2013 on the file of the I Additional District Judge, Ongole, Prakasam District are set aside. The matters are remanded to the learned I Additional District Judge for passing fresh orders in accordance with law. It is needless to observe that the attachment made earlier will continue till disposal of the Execution Petitions.

Miscellaneous petitions, if any, pending in these civil revision petitions shall stand closed. There shall be no order as to costs. ________________________ A.RAMALINGESWARA RAO,J Dt:25.04.2017 kdl