IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.629 OF 2009 Between: Mankena Srihari .....PETITIONER AND Thota Ram Murthy and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.629 OF 2009 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”), is directed against the order, dated 06.01.2009, in E.P.No.37 of 2004 in O.S.No.132 of 1977, on the file of the Principal Junior Civil Judge, Bapatla, whereunder and whereby, the petition, filed under Order XXI Rule 35 C.P.C., to deliver the possession of item No.10 I of the decree schedule property in the O.S., was dismissed. 2. Heard both sides. 3. Learned counsel for the petitioner placed two photographs of the houses said to be the houses of the petitioner and respondent No.11, which clearly reveal about the encroachment made by respondent No.11. Those photographs are not being marked before the executing Court. Therefore, both the counsel stated that the matter may be remanded for adducing necessary further evidence, so as to decide the issue once for all. Hence, at the request of both the counsel, the impugned order is set aside and the matter is remanded to the executing Court to give opportunity to both the parties to adduce necessary evidence, which is necessary for the purpose of deciding the issue. 4. With the above direction, the Civil Revision Petition is allowed. Any observation or finding recorded in this revision petition cannot be construed as an observation of this Court. Uninfluenced by any observation, the executing Court shall dispose of the case in accordance with law. There shall be no order as to costs. _______________ K.C. BHANU, J February 10, 2011 Note: Issue C.C. in one week. B/O.MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.629 OF 2009 February 10, 2011