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