Andhra Pradesh High Court
CRP/1209/2021 of Eguturi Chenna Reddy, Vs Smt. Pulugu Suseela, on 30 December 2022
MS JUSTICE B.S.BHANUMATHI C.R.P.No.1209 of 2021 O R D E R: This revision petition is filed under Section 115 of the CPC against the order dated 20.10.2021 in E.A.No.57 of 2021 in E.P.No.15 of 2018 in O.S.No.386 of 2013 on the file of the Court of II Additional District Judge, Krishna at
THE HON’BLE MS JUSTICE B.S.BHANUMATHI C.R.P.No.1209 of 2021
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R:
This revision petition is filed under Section 115 of the CPC against the order dated 20.10.2021 in E.A.No.57 of 2021 in E.P.No.15 of 2018 in O.S.No.386 of 2013 on the file of the Court of II Additional District Judge, Krishna at Vijayawada, to direct the Commissioner, Vijayawada Municipal Corporation to inspect the schedule property through the Town Surveyor and submit report regarding the survey number in which the EP schedule property is situated.
2. E.P.No.15 of 2018 was filed by E.Chenna Reddy/DHR/plaintiff for execution of the decree for specific performance dated 04.08.2014 i.e. the award passed by the Lok Adalat, in respect of the following petition schedule property.
“RCC building constructed in an extent of 73 square yards or 61.7 sq.mts, plot No.4750, R.S.No.68, 73, 74, 82, 92, 95 part, Municipal Ward No.18, bearing Door No.77-36-1, situated in Shanti Nagar, Payakapuram, Vijayawada, Krishna District having assessment No.154569, being bounded by:
East : Plot No.4778 South: Plot No.4751 West: Road North: Road”
3. Thereafter, E.A.No.57 of 2021 was filed stating that the execution Court directed the ministerial staff to get the duly executed sale deed by the court registered. Consequently, the sale deed was presented before the Joint Sub-Registrar-I, Vijayawada for getting the sale deed registered. The schedule property is RCC building in 73 square yards described with multiple survey numbers. The Joint Sub-Registrar returned the sale deed with a covering letter dated 17.01.2020 that the land in Survey No.68/1 is shown as Cheruvu (tank) and survey No.82 is shown as road poramboku and therefore the document cannot be registered in respect of such survey numbers. According to DHr, the enquiries revealed that the schedule property which is 73 square yards only is situated in survey No.74 which is not in the prohibitory list under Section 22-A of the Registration Act. Therefore, DHr contends that it is necessary to make local investigation to identify the survey number of the petition schedule property.
4. Respondent/JDr did not file any counter.
5. After hearing petitioner/DHr, the execution Court dismissed the petition observing that the petitioner intended to change the survey number of the petition schedule property and also the award schedule, since the registering authority refused to register the document; but without filing petition under Section 152 CPC, the petitioner is praying to appoint Municipal Surveyor to identify the survey number of the EP schedule property to collect evidence which is not permissible in execution stage, when award was passed showing schedule of property and survey numbers wherein it is situated.
6. Having aggrieved by the order dismissing E.A.No.57 of 2021, this revision petition is filed.
7. After partly heard the matter, the learned counsel for the petitioner filed a memo dated 26.12.2022 stating that the Joint Sub-Registrar-I, Vijayawada earlier took objection to register the execution petition schedule property as the survey numbers mentioned in the sale deed are 68, 73, 74, 82, 92, 95, but S.No.74/1A (sic.68/1) showed as tank, whereas the City Town Planner issued an endorsement dated 15.12.2022 (copy of which is filed before this Court) clarifying that the execution petition schedule property is within survey No.74/1A is not at all prohibited for registration and therefore requested this court to close the revision petition recording the same.
8. In the endorsement dated 15.12.2022, the Assistant City Planner-II, Vijayawada Municipal Corporation, stated that in respect of plot No.4750, Payakapuram, the survey numbers wrongly registered are RS Nos.68, 73, 74, 82, 92, 95 and the correct survey number to be registered is RS No.74/1A.
9. Learned counsel for the respondent is given notice. The learned counsel for the respondent would like to submit the case on merits that the property is inalienable as assigned property. Since this Court is not deciding the contentions of both parties on merits, this Court is not inclined to pass any orders on merits.
10. As such, the revision petition is closed as withdrawn giving liberty to both parties to proceed before the execution court from stage where it is. There shall be no order as to costs.
As such, the revision petition is closed as withdrawn Miscellaneous Petitions, if any pending, in this petition, shall stand closed.
Date :30-12-2022
PNV
___________________________
JUSTICE B.S.BHANUMATHI