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IN THE COURT OF THE PRINCIPAL SENIOR CIVIL JUDGE :: ELURU
PRESENT: - Sri Y.Bennayya Naidu,
Prl. Senior Civil Judge, Eluru
Wednesday, this the 29th day of January, 2020
E.P. No.64/2018 in LAOP No.102/1991
Between:-
1. Kokkiripati Venkatadri (died). .. Petitioner/D.Hr./10th Claimant.
2. Garisepalli Suseela @ Sisemma (died).
3. Kanumuri Samrajyam @ Samba, D/o.Kokkiripati Venkatadri, Hindu, Female, 68
years, R/o.Vijayawada, Krishna District.
4. Kokkiripati Siva Nageswaramma @ Siva, D/o. Kokkiripati Venkatadri, Hindu,
Female, 67 years, R/o.Vijayawada, Krishna District.
5. Kokkiripati Satyanarayana, S/o. Kokkiripati Venkatadri, Hindu, Male, 62 years,
r/o.Yepuru, Pedapadu Mandal, West Godavari District.
6. Garisepalli Venkateswara Rao, Hindu, Male, 72 years, D.No.6-92, Near High
School, Chataparru, Eluru Mandal, W.G.Dist.
7. Garisepalli Srinivasa Rao, S/o.Venkateswara Rao, Hindu, Male, 49 years,
D.No.6-92, Near High School, Chataparru, Eluru Mandal, W.G.Dist.
8. Garisepalli Murali Krishna, S/o.Venkateswara Rao, Hindu, Male, 46 years,
D.No.6-92, Near High School, Chataparru, Eluru Mandal, W.G.Dist.
9. Garisepalli Panduranga Rao, S/o.Venkateswara Rao, Hindu, Male, 45 years,
D.No.6-92, Near High School, Chataparru, Eluru Mandal, W.G.Dist.
10. Garisepalli Srihari, S/o.Venkateswara Rao, Hindu, Male, 39 years, D.No.6-92,
Near High School, Chataparru, Eluru Mandal, W.G.Dist. .. Petitioners/L.Rs.
(Petitioners 6 to 10 are the L.Rs., of the deceased Garisepalli Suseela @
Sisemma)
and
L.A.O. (RDO), Eluru, West Godavari District. .. Respondent/J.Dr.
This petition coming before me for final hearing on 20.01.2020 in the presence of
Sri G.V.Nageswara Rao, Advocate for the petitioners and of Sri K.Ch.N.Jagan Mohan,
Government Pleader representing the State i.e., respondent; and upon hearing and
upon perusing the material available on record, this Court delivered the following :
ORDER
1. This is a petition filed by the Petitioners under Order 21, Rule 22 and Rule
43 and 64 to 66 of CPC for realization of the decretal amount of DHr and on sale of
petition schedule properties.
2. On consideration of plea of the petitioners and on scrutiny of contents of
the decree passed by the Court and on perusal of affidavit and petition, I am of the
opinion that the petitioners came to the Court with clean hands and the petitioners have
successfully established that they filed the execution of petition before the Court within
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the period of limitation of 12 years from the date of passing of decree and they came to
the Court with clean hands within period of limitation and also EP filed by them is not
barred by limitation and they filed this petition within the period of limitation for seeking
relief against the JDr.
3. On scrutiny of plea of the petitioners and recitals of the petition and
affidavit and contents of the decree and on perusal of the contents of the counter filed
by the respondent, I am of the opinion that the petitioners have come to the Court with
clean hands and the petitioners have successfully established their case and allegations
against JDr. Further I hold that the petitioners have successfully filed the execution
petition before the Court within the period of limitation of 12 years and the petitioners
approached to the Court with clean hands by way of filing this petition within the
statutory period of 12 years. Further, I found that the petition filed by the petitioners i.e.,
E.P filed by the petitioners is not barred by limitation and the period of limitation of 12
years is not completed. Further the petition filed by the petitioners is absolutely within
the period of limitation. So the petitioners have filed this petition as per law within the
period of limitation of 12 years and E.P is not barred by limitation. Therefore, the
petitioners are entitled to proceed against the JDr and they are entitled to continue the
execution of proceedings against the JDr as per law.
4. Hence, in the result, the petition under Order 21 Rule 22 is allowed
without costs. Issue Or.21, Rule 43 notice to the J.Dr., and as well as issue an order of
attachment over the petition schedule movable properties on payment of process. Call
on 27.02.2020.
Typed to my dictation by the Stenographer, corrected and pronounced by me in
the open Court this 29th day of January, 2020.
PRL. SENIOR CIVIL JUDGE,
ELURU.
APPENDIX OF EVIDENCE
No oral or documentary evidence is adduced on either side.
PSCJ
Eluru.
