Andhra Pradesh High Court - Amravati
Bollapalli Yesupadam vs Chebrolu Veeranjaneyulu on 9 December, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
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KVL, J
CRP No.2014 of 2019
HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
Civil Revision Petition No.2014 of 2019
ORDER:
This civil revision petition is filed against the order dated 13.06.2019 in EA No.24 of 2019 in EA No.29 of 2018 in EP No.7 of 2015 in OS No.88 of 2014 on the file of the Junior Civil Judge, Parchur, wherein, the EA filed by the petitioners seeking issuance of summons to the Tahsildar, Inkollu Mandal to cause production of Assignment Register relating to S.No.434 of Duddukuru village pertaining to DK Patta dated 14.08.1996 issued in favour of the 2nd petitioner, was dismissed.
Brief facts of the case are that, petitioners herein are the applicants in EA No.24 of 2019; the respondent herein filed OS No.88 of 2014 for recovery of the amount and the same was decreed ex-parte on 31.01.2015; petitioners filed a petition to set aside the ex-parte decree; the decree-holder-respondent herein filed EP No.7 of 2015 seeking attachment of the schedule property and to sell the same in the auction; even though, the petitioners herein contested the said E.P., stating that the land is an assigned land and cannot be sold in public auction, but the trial Court allowed the said E.P.; at that time, petitioners filed an application in EA No.29 of 2018 in the said EP under Section 47 and 151 CPC, to raise the attachment of the schedule property by declaring it as assigned land and the said EA is still pending; then the petitioners filed present application in EA No.24 of 2019 under XVI Rule 6 CPC seeking issuance of summons to the Tahsildar, Inkollu Mandal to cause production of the Assigned Register relating to the subject land, the said application was dismissed on 13.06.2019; challenging the same, the present revision petition is filed.
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KVL, J CRP No.2014 of 2019 Heard the learned counsel for the petitioners and the learned counsel for the respondents and with their consent, this civil revision petition is being disposed of at the stage of admission.
Learned counsel for the petitioners submits that the subject land is an assigned land i.e., DKT Patta land and hence, the same cannot be attached/sold in court auction in view of the provisions of Act 9 of 1997, however, the trial Court allowed the EP No.7 of 2015 holding that the petitioners herein failed to produce the DKT patta granted in favour of the 2nd petitioner by the Revenue Department on 14.08.1996 and that the petitioners filed E.A.No.29 of 2018 to raise the attachment of the schedule property by declaring it as assigned land and the same is pending. He further submits that to prove that the subject land is a DKT patta, the petitioners filed present EA No.24 of 2019 to cause production of the Assignment Register relating to S.No.434 of Duddukuru village but the trial Court without considering the scope and ambit of Section 47 CPC dismissed the application. He further submits that the Decree- holder/respondent also filed another EP No.10 of 2017 against the 1st JDR for execution of the same decree and the same is still pending.
On the other hand, learned counsel for the respondent submits that the present application is made only to stall the proceedings and the trial court has rightly dismissed the application in question.
As seen from the order in EP No.7 of 2015, a plea has been taken by the petitioners herein in the counter-affidavit contending that the schedule property is an assigned land and that it cannot be sold in court auction. The said contention was negatived by the trial Court vide order dated 23.08.2017 holding that the petitioners could not substantiate the said plea by producing the DKT patta before the court. Thereafter, 3 KVL, J CRP No.2014 of 2019 petitioners filed EA No.29 of 2018 seeking to raise the attachment of the schedule property by declaring it as assigned land and the same is pending. Merely because the contention that the subject land is an assigned land was not accepted in EP No.7 of 2015 on the ground that the patta was not produced before the Court, petitioners are not estopped from filing the present application under Order XVI rule 6 CPC to prove their plea that the subject land is an assigned land and seeking issuance of summons to the Tahsildar, Inkollu Mandal, to cause production of the Assignment Register relating to S.No.434 of Duddukuru village pertaining to DK Patta dated 14.08.1996 issued in the name of the 2nd petitioner. In the circumstances, this Court is of the view that the trial Court ought not to have dismissed the said application.
In view of the same, the civil revision petition is allowed setting aside the order dated 13.06.2019 in EA No.24 of 2019 in EA No.29 of 2018 in EP No.7 of 2015 in OS No.88 of 2014 and the said E.A.No.24 of 2019 is allowed accordingly. No order as to costs. Miscellaneous petitions, if any, pending in the revision petition shall stand closed.
__________________________ KONGARA VIJAYA LAKSHMI, J Date: 09.12.2019 BSS 4 KVL, J CRP No.2014 of 2019 HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI Civil Revision Petition No.2014 of 2019 26 Date: 09.12.2019 BSS