IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.4080 OF 2009 Between: Mallireddy Chandra Sekhar .....PETITIONER AND Pasupuleti Deva Laxmi @ Laxmi and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.4080 OF 2009 ORDER: This Civil Revision Petition, under Section 22 of the Rent Control Act, is directed against the order, dated 04.08.2009, in E.A.No.367 of 2007 in E.P.No.22 of 2006 in R.C.C.No.75 of 1992, on the file of the Rent Controller – cum – Principal Junior Civil Judge, Guntur, whereunder and whereby, the claim petition, filed under Order XXI Rule 97 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”), was dismissed. 2. Heard. 3. There cannot be any dispute that under Order XXI Rule 97 C.P.C., the executing Court would be able to adjudicate all claims and objections in the execution proceedings itself and not by an independent suit. In other words, the scheme of the Code clearly adumbrates that when an application has been made under Order XXI Rule 97 C.P.C., the Court is enjoined to adjudicate upon the right, title and interest claimed in the property arising between the parties to the proceeding or between the decree holder and the person claiming independent right, title and interest in immovable property and an order in that behalf be made. The revision petition is liable to be dismissed on the ground that the petitioner herein failed to establish his right, title and interest in respect of the petition schedule property before the trial Court. He has not filed any document of title to the property in questin. But, an observation has been made by the trial Court while dismissing the petition that the petitioner filed O.S.No.288 of 1994 on the file of Senior Civil Judge, Guntur, for declaration of title and permanent injunction and it is a comprehensive suit. It is observed by trial Court that the present petition is vexatious proceeding. Any observation given by executing Court shall not be construed as a finding in deciding the comprehensive suit pending before the competent civil Court. Therefore, any observation made by this Court is only for the purpose of disposal of this revision petition. Uninfluenced by any observation, the suit shall be disposed of in accordance with the evidence adduced by both the parties and in accordance with law. 4. With the above observations, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J November 11, 2010 MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.4080 OF 2009 November 11, 2010