IN THE COURT OF ADDL SENIOR CIVIL JUDGE AT KADAPA

E.A No. /2019

In
E.P NO: 218/2017
In
O.S No: 66/2006
S.MD.Zohrul Haq … petitioners
And 5 others
Vs.
Sahik Akram … Respondent
COUNTER FILED ON BEHALF OF THE RESPONDENT
1. The petition is unjust and not maintainable either in law or on
facts.
2. The petitioner is put to strict proof on all the allegations
made in the affidavit which are not expressly admitted herein by this
Respondent.
3. The petitioner filed this petition to break open lock of E.P
schedule property for delivery of vacant possession of E.P schedule
property. The Appeal A.S No.14/2017 in O.S No.66/2006 was posted
to 29-01-2019 for judgement IN FOURTH ADDITIONAL DISTRICT
JUDGE COURT AT KADAPA. The FOURTH ADDITIONAL DISTRICT JUDGE
could not pronounce judgement in A.S No.14/2017 on 29-01-2019
since steno of that court was on leave. Hence the FOURTH ADDL
DISTRICT JUDGE was pleased to adjourn the judgment in A.S
No.14/2017 to 06-02-2019.
4. The advocate for the respondent in A.S No.14/2017 submitted
in the court of FOURTH ADDITIONAL DISTRICT JUDGE that he is not
going to disturb the respondent and the petitioner cannot take
possession of E.P schedule property until the disposal of A.S
No.14/2017 in FOURTH ADDITIONAL DISTRICT JUDGE COURT. So the
delivery with break open lock order need not be issued to the
petitioner until the disposal of A.S No.14/2017 in FOURTH
ADDITIONAL DISTRICT JUDGE COURT, KADAPA. The entire matter will
be settled down once for all on pronouncement of judgement in A.S
No.14/2017. So this petition to break open lock is not maintainable at
this stage. The petitioner will not suffer from injustice if this petition
is dismissed until the disposal of A.S No.14/2017.
 :: 2 ::

5. Therefore the respondent prays that the Honourable court

may be pleased to dismiss this petition until the disposal of A.S
No.14/2017 in O.S No.66/2006 in FOURTH ADDITIONAL DISTRICT
JUDGE AT KADAPA for meeting the ends of justice. Otherwise the
respondent will suffer from irreparable loss and injustice.
ENCLOSURE:
Online copy of the daily status of A.S No.14/2017 posted to
06-02-2019 for judgement from 29-01-2019 for the reason that the
steno is on leave, hence that the judgement was not made ready on
29-01-2019.

ADVOCATE FOR THE RESPONDENT

 IN THE COURT OF ADDL SENIOR
CIVIL JUDGE AT KADAPA
E.A No. /2018
In
E.P NO: 218/2017
In
O.S No: 66/2006
S.MD.Zohrul Haq
And 5 others … petitioners

Vs.
Sahik Akram … Respondent

COUNTER FILED ON BEHALF

OF THE RESPONDENT

Filed by:

Sri. K. Venkata Reddy, B.Com., B.L.,

Advocate for the Respondent,
Kadapa.