M.L. Narasimha Rao vs. G. Baby Sarojini (Died)
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble U.Durga Prasad Rao
Listed On:
5 Aug 2024
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[2605]
MONDAY ,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
CIVIL REVISION PETITION NO: 1714/2024
Between:
M.L. Narasimha Rao ...PETITIONER
AND
G Baby Sarojini Died and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.MANGENA SREE RAMA RAO
Counsel for the Respondent(S):
The Court made the following Order:
In essence, the instant Civil Revision Petition is filed by the Petitioner/J.Dr/Respondent on the apprehension that without considering the objections raised by him in E.A.No.112 of 2024 against the delivery of the schedule property in E.P.No.214 of 2024 the Executing Court may record the delivery of the schedule property and when once such record is made, his objections put forth in E.A.No.112 of 2024 will become infructuous.
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It is an admitted fact that so far the Executing Court has not recorded the delivery and on the other hand, the matter is posted to 18.08.2024. In that view, it cannot be now said that the Executing Court may record the delivery without hearing the objections said to be made by the petitioner in E.A.No.112 of 2024. Therefore, considering the factual position obtained as on today, this Court is of the considered view that a direction can be given to the Executing Court to hear the objections raised by the petitioner in E.A.No.112 of 2024 against the delivery at first and pass an order on merit and then depending upon the said Order proceed further in the EP.
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Therefore, the Civil Revision Petition is disposed of with a direction to the learned Rent Controller-cum-IV Additional Junior Civil Judge, Vijayawada that the Court shall first hear the objections raised in E.A.No.112 of 2024 and pass an order on merit and then proceed in EP thereafter. The entire exercise shall be completed within a period of Six weeks from the date of receipt of a copy of this Order.
2
As a sequel, miscellaneous applications pending, if any, shall stand closed.
U.DURGA PRASAD RAO, J
Dt. 05.08.2024
eha
THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO
CRP.No.1714 of 2024
Dt.05-08-2024
eha
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