THE HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No. 1032 OF 2006 Date: 09-04-2010 Between Vinukonda Ranga Rao @ Ranga and another …..Petitioners And Thoram Damayanthi and another …..Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY CIVIL REVISION PETITION No. 1032 OF 2006 ORDER: This revision by the judgment debtors 1 and 2 is directed against the orders of the learned Principal Junior Civil Judge, Razole dated 20-02-2006 in E.P No. 7 of 2005 in O.S No. 58 of 1998, whereby the learned Judge directed the Amin to remove the obstructions caused by them like placing of pushcarts etc., throughout the ‘XY’ marked portion of the plaint plan property for which the respondents – decree holders obtained permanent injunction. Heard the learned counsel for the petitioners and the learned counsel for the respondents. It is not disputed that the respondents – decree holders obtained a decree by way of permanent injunction restraining the petitioners – judgment debtors from interfering with ‘E’ marked portion of the plaint plan by raising sheds or constructions all along XY line through the line of contract. It is the plea of the judgment debtors that there is a vast space in between the alleged XY line and the road margin and that they and their predecessors have encroached the government land and paid encroachment tax and have been continuing their business for more than 40 years on pushcarts but never raised any temporary sheds or permanent structures in the alleged space in between XY line and A and B marked portions. Negativing the defence of the petitioners – judgment debtors, the suit has been decreed granting permanent injunction. For execution of the same, the present EP is filed by the respondents – decree holders. Earlier to the present EP, E.P No. 21 of 2003 was also filed by them alleging that the judgment debtors constructed temporary sheds violating the decree. The said EP has been dismissed. On dismissal of the same, the present EP has been filed for removal of the pushcarts. To substantiate the claim of the decree holders, PWs 1 and 2 were examined and on behalf of the judgment debtors, RWs 1 and 2 were examined. It is not disputed that against the judgment and decree passed in the suit, the judgment debtors preferred A.S No. 12 of 2002 and the same was dismissed by the appellate Court on 30-01- 2004. As per the evidence of PWs 1 and 2, the judgment debtors are obstructing the road margin by stationing the pushcarts and it is the claim of the judgment debtors that the pushcarts on which they are doing business is on the road margin which belongs to the R & B Department and their plea is that they never raised any permanent structures or temporary structures but are placing their pushcarts on the land which is the subject matter of dispute in the suit. The Commissioner who was appointed in the suit also noted about the placing of the pushcarts on the plaint plan property and basing upon the report, the suit has been decreed. Therefore, the lower Court rightly rejected the objections raised by the judgment debtors and ordered to remove the obstructions throughout the ‘XY’ marked portion of the plaint plan property by removing the pushcarts which were placed on the road margins for which they have suffered a decree. The said order which is in tune with the decree passed by the lower Court does not suffer from any illegality in exercise of the jurisdiction warranting interference. The civil revision petition is accordingly dismissed. No order as to costs. A. GOPAL REDDY, J 09-04-2010 ks