Execution petition
Raghu ponnala
(Querist) 02 July 2018
This query is : Resolved
In 1976 their was a compromise decree for 21 acres of land in three different syno. from the aggreement of sale executed in 1962. an EP 58/84 filed for the first compromise decree in this EP Parties entered into another compromise decree on (Second Compromise decree) DHR/Plaintiff was allotted 12 acres, and EP is closed.
30-06-92.(MRO file No.C/7/1992) After compromise decree, DHR/Plaintiff, instead of approaching the executing court, for registration of the sale deed, Basing on the said compromise decree, the MRO after collecting the Stamp duty and registration fee, with the consultation of the concerned Subregistrar,has issued a certificate, After issuing the above certificate, the petitioners/Defendants have preferred the
present appeal before the concerned Revenue Divisional Authority claiming that the MRO has not given any notice before issuing the said certificate and also the MRO has no jurisdiction to entertain the said case.The RDO opinioned that since it is a decree passed by a civil court and that the MRO has rightly passed the said order and hence there is no need to middle with the orders of the lower
court and accordingly the appeal is dismissed. As against the orders of RDO, the Revision Petitioners/Defendants have preferred the
present Revision. After due enquiry, the Joint Collector has dismissed the Revision and confirmed the orders passed by the below revisional authorities. of the A.P. Rights in Land and Pattdar Pass. As against the said orders of joint Collector, the Revision Petitioners/defendants have
filed a Writ Petition before the High Court. The Hon’ble High Court has confirmed the orders of below authorities and dismissed the Writ Petition. In its orders, the High Court has disclosed that the plea of not issuing notice cannot be raised at this point of time and the revisional authorities have rightly passed the orders as per the Act. As against the said order, the Revision Petitioners preferred this Writ Appeal before the Division Bench. In this, the Division Bench has quashed all the orders passed below authorities and also set aside the orders of the High Court, Single Judge. SLP NO. 10907/2005. As against the said orders, the DHR/Plaintiff preferred this SLP and the SLP
is Dismissed on 13/10/2015
My lawyer filed two petitions EA 744 to open EP 58/84 and EA 745 to execute the sale deed of the second compromise decree for 12 acres. after the supreme court order in 2015.
Q1 Can we open the EP 58/84 and execute the court compromise decree.
Q2 or need to file fresh EP For the second compromise decree for 12 acres with limitation act section 14 for condonation of time spent from 1992 to 2015.
P. Venu
(Expert) 03 July 2018
No meaningful suggestion is possible unless the documents are perused.
Asgher Mahdi
(Expert) 04 July 2018
Why can't you enquire with your case contesting lawyer ? since the query is lengthy need personal explanation hence you are instructed to refer a lawyer to whom you known.
