Pilla Surya Janardhanarao v. Pilla Satyanarayana Murty & Ors.

This Civil Revision Petition, under Article 227 of Constitution of India is filed for non-passing of orders in E.A.No.129 of 2004 in E.P.No.43 of 2000 in O.S.No.26 of 1999 on the file of the Senior Civil Judge, Gajuwaka. The grievance of the petitioner is that he filed an application under Section 47 of the Code of Civil Procedure, 1908 to enquire into the matter and declare that the decree in O.S.No.26 of 1999 is executable against the petitioner in respect of the schedule property for sale. The said application has not been disposed of by the Executing Court since 2004. As seen from the docket proceedings of Executing Court, the records are not available in the Executing Court and the relevant case records are pending before this Court in an appeal. Therefore, the question of disposal of application may not arise, unless the Executing Court receives the records from this Court. Accordingly, the Civil Revision Petition is dismissed directing the Executing Court to dispose of the application filed by the petitioner after receipt of records from this Court. There shall be no order as to costs. ______________ K.C.BHANU. J SEPTEMBER 29, 2011. YVL