CRP/4264/2011 of Sri Swarna Bharathi Educational Society Vs The Kamma Mahajan Sangham, Jubleepura, Khammam. on 30 December 2011

ORDER:

This civil revision petition arises out of order, dated 29.08.2011,in E.P.No.331 of 2011, in O.S.No.146 of 2010, on the file of the learnedPrincipal Junior Civil Judge, Khammam, whereby she has directedregistration of EP and issued direction to the bailiff to evict thepetitioner from the suit schedule premises and handover possession tothe respondent, who is the decree holder.

I have heard Sri M.V.Venu, learned counsel for the petitioner,and Sri S.Syamsunder Rao, learned counsel for the respondent.

The petitioner filed O.S.No.146 of 2010 for injunction restrainingthe respondent from interfering with its possession of the suit scheduleproperty, in which, it is running a school. The suit was referred to theLok Adalat at Khammam and registered as L.A.C.No.422 of 2010. Both the parties have arrived at a settlement on the basis of which, theLok Adalat has passed an award. As per the award, the petitioner ispermitted to continue in the suit schedule property from 01.04.2010 to31.07.2011 on payment of Rs.15,000/- per month and the petitionershall vacate the property by the end of July, 2011 without any litigation. As the petitioner failed to stand on its commitment byrefusing to vacate the premises, the respondent filed E.P.No.331 of2011 in which the above-mentioned order, which is assailed in thisrevision petition, has been passed.

The learned counsel for the petitioner submitted that as hisclient is running a school, it may be permitted to remain in possessionfor some time.

In my opinion, having entered into a settlement on the basis ofwhich an award was passed and having taken advantage of the saidaward by continuing in possession for one year and four months, thepetitioner cannot be allowed to resile from its commitment. This Courtin exercise of its revisional jurisdiction will not permit the petitioner tomake a volte-face.

In this view of the matter, I do not find any merit in this revisionpetition and the same is accordingly dismissed.

As a sequel to disposal of the civil revision petition,C.R.P.M.P.No.6049 of 2011 is disposed of as infructuous.

30[th] December, 2011VGBVGB

C.V.NAGARJUNA REDDY, J