The High Court · 2025
Case Details
Ajl that the prop,rrty of Semi-Finished Duplex Flat bearing Nos. M_G_4, in First Floor, having P,irth area of 1143 _Sft, including common area and two cai parkinj in stilt floor, tolrether with an undivided sharJ of rand admeasuring 45 s;. tJr" or 37.62 sq. lvltrs., (out of totar area admeasuring 3460 sq. yds., J. z-ag2lso iql YtI..) ln the C,rmptex named as ,SURYA SpleNOOn" Bfock_ ,,MnAftAdi I\4ARVEL' constructed on plot Nos. 12 and 13, in Survey Nos. 1 5/7, 1611, 16i, 1111,1112, 12, 1it, 14, 14tpiki, 14tpiki, 14lpiki, Situatea it RoaO No. 1, K;kaiiy; N.agar, Habsigr_rc a, Uppal Mandal, Under G.H.M.C., Uppal C;ircte, MedchJ Malkajgiri Dishict Telangana State, and Entire land bounded by._ NORTH :: Plot Nc,. 14 SOUTH :: Plot Nc . 1 1 . EAST :: Plot No. :l and 3 of Block C_ WEST :: Road. 'ii 't I BOUNDARIES FOR FLAT NO. M -G.4. IN FIRST FLOOR. NORTH :: Open to SkY SOUTH :: Open to Sky EAST :: Open to Sky. WEST :: Corridor .G'SCHEDU LE OF THE PROPERTY All that the property of Semi-Finished Duplex Flat bearing Nos. M-504 & I\'4-604' in Sixth and Seventh Floors, having Plinth area of 2450 Sft, including common area and four car parking in stilt floor, together with ah undivided share of land admeasuring 80 Sq. Yds., or 66.88 Sq. Mtrs., (out of total area admeasuring 3460 Sq. Vds., or 2892.56 Sq. Mtrs.) in the Complex named as "SURYA SPLENDbR'Block- "MAANASI MARVEL' constructed on Plot Nos 12 and 13, in SurveyNos.15t7,1611,1612,1111,11t2,12,13,14,141Piki,14lPiki,14lPiki' Situat;d at Road No- 1, Kakatiya Nagar, Habsiguda, Uppal Mandal, Under G.H.M.C.,UppalCircle,MedchalMalkajgiriDistrict,TelanganaState,andEntire land bounded by.- NORTH :: Plot No. 14. SOUTH :: Plot No. 1'1 . EAST:: Plot No.2 and 3 of Block C WEST :: Road. BOUNDARIES FOR DU SEVENTH FLOORS. PLEX FLAT NO. M-504 & M-604 IN STXTH AND NORTH :: Open to SkY. SOUTH :: Open to SkY. EAST :: Open to SkY. WEST :: Corridor .H" SCHEDULE OF THE PROPERTY All that the property of semi-Finished Duplex Flat bearing Nos ltil-402, ln Fifth Floor, having Piinth-area of 2090 Sft, including common area and two car parking in stilt floor,logether with an undivided share of land admeasuring 78 Sq. Yds:: or 65.21 Sq. lr/irs , (out of total area admeasuring 3460 Sq. Yds , or 289? ?9 9:q: Mtrs.) in the Complex named as 'SURYA SPLENDOR" Block- "MAANASI I\iIARVEL" constructed on Plot Nos. 12 and 13, in Survey Nos. 15/7, 1611, 1612, 1111,1112, 12, 13, 14, 1 lPiki, lAlPiki' 14lPiki, Situated at.Road No' 1, Kakatiya Nagar, Habsiguda, Uppal Mandal, Under G.H.M.C., Uppal Circle, Medchal tvtalkalgiri Distiict, Telangana State, and Entire land bounded by'- NORTH :: Plot No. 14. SOUTH :: Plot No. 11. EAST :: Plot No. 2 and 3 of Block C. WEST:: Road. (- 6.' BOL]NDARIES FOR FLAT NO. M -402 IN FIFTH FLOOR. NORTH :: Open to Sky SOUTH :: Open to Sky EAST :: Open to Sky. WEST :: Corridor "I'SCHEDULE OF THE PROPERTY All that the property of Semi-Finished Duprex Frat bearing Nos. M-501, ln Sixth Floor, having Plirth area of 1230 sft, including common aria and two car parking in stilt floor, togother with an undivided share of land idmcasurlng 46 Sd. yds; or 38-46 Sq. IVtrs., (out of total area admeasuring 3460 Sq. yds., ;r 2g92.56 Sq. It4trs.) in the Complex named as .SURYA SPLENDOR" Block_ ,,MAANAd| MARVEL" constructed on Plot Nos. 12 and 13, in Survey Nos. .15/7, 1611, 16t2, 1111,1112, 12, 13, 14, 14tpiki, t4tpiki, 14lpiki, Situated it RoaO No. 1, Kakatiya N_agar, Habsigula, Uppal Mandal, Under G.H.M.C., Uppal rlircle, Ivledchat Malkajgiri Distric:. Telangana State, and Entire land bounded by... NORTH :: Plot Nc. '14. SOUTH :: Plot N t. 1 1 . EAST :: Plot No. ii and 3 of Block C. WEST :: Road. BOUI{DARIES FOR FLAT NO. M-501 IN SIXTH FLOOR. NORTH :: Open to Sky SOUTH :: Open to Sky EAST :: Open to Sky. WEST :: Corridor ..J" SCHEDULE OF THE PROPERTY All that the propoty of Semi-Finished Duplex Flat bearing Nos. M-403, ln Fifth Floor, having P irth area of 2052 Sft, including common area and two car parking in stilt floor, together wilh an undivided share of land admeasuring 7g S,i. t;;; or 65.21 Sq. Mtrs., (out of total .area admeasuring 3460 Sq. yds., Jr ZeSZ.SO Sq. YtIl) ln, the r}rmplex named as , 'SURYA Spleruoon. Btock- ,,MAANAdI MARVEL" constrl.rcted on plot Nos. 12 and 13, in Survey Nos. 15/7, 16t1, 1612, 1111, 1112, 12, lit, 14, 14/piki, 14tpiki, 14lpiki, Situated it Road No. 1, Kakatiya Nagar, Habsigr.rca, Uppat Mandal, Under G.H.M.C., Uppal Circle, Medchal Malkajgiri District Telangana State, and Entire land bounded by._ NORTH :: PIot l.lc,. 14. SOUTH :: PIot l,.lc. 11. EAST:: Plot No. It and 3 of Block C WEST :: Road. v BOUNDARIES FOR FLAT NO. M.403 IN FIFTH FLOOR. NORTH :: Open to SkY. SOUTH :: OPen to SkY. EAST :: OPen to SkY. WEST :: Corridor "K" SCHEDULE OF TH E PROPERTY All that the property of Semi-Finished Duplex Flat bearing Nos M-602' ln 'S';r;"th ii"oi nlring Plinth area of 2090 Sft, includilg common area and two car parking in stilt floor, togetf;iwith an undivided shaie of land admeasuring 78 sq. "Y0"., i,r. os.zr sq. ruirs., lout of total area admeasuring 3460 S-q:.yd-?' 9' idsz.so Sq. lvltrs.) in tn"-cJ,pl"x named as-"SURYA SPLENDOR" Block- on Plot Nos. 12 and 13, in Survey Nos J?{7' .MAANASt rvtARVEL" 16t1,16t2, 11t1,11t2, 12, 13: ii, i+lpitti, t+lpitti, 14lPiki' situated at Road No' i,'rtrri,v'" Nagar, Fiausigri,, upp'r Mandal' Under G'H'M C ' uppal Circle' rui"a"r,ri fu"rr."idlri'oi.tti"t, r"t,ngana State, and Entire land bounded by'- "onrtru"t.i NORTH :: Plot No. 14. SOUTH :: Plot No. 11. EAST :: Plot No. 2 and 3 of Block C' WEST :: Road. BOUNDARIE S FOR FLAT NO. M-602 IN SEVENT H FLOOR. NORTH :: OPen to SkY SOUTH :: OPen to SkY EAST :: OPen to SkY. WEST:: Corridor .L" SCHE DULE OF THE PROPERTY All that the property of Semi-Finished Duplex Flat bearing Nos M-603'. ln 'S';";;th iio.i nrring Plinth area of 2052 Sit' includino common area and two car parking in stilt floor, tog"if,;i*ith an undivided sharJ of land admeasuring 78 ;;."Yd;.,""r 65.2 Sq. rtrtrs., tout of total area admea-suring 3460 Sq Yds ' or 'Ctmpfex named as SPLENDOR" Block- 2892.56 Sq. Mtrs.) in tne ,MAANAS; MARVEL' constructed on plot Nos. 12 and 13' in survey \o" 1?{7' 16t1,16t2, 11t1,11t2, 12, 13: ii' 14lPiki, 14lPiki, 14lPiki', situated at Road No' i,'rlrri'vl r.t"gar, il"o"igu-ia, Uppat tvtandal'.Under G H'M'c ' Uppal Circle' rui"o"h"i ilr"rr."idiri'oistrict, ieLangana State, and Entire land bounded by - ^"SURYA NORTH :: Plot No. 14. SOUTH :: Plot No. 11. EAST :: Plot No. 2 and 3 of Block C WEST :: Road. ,at_!trjEr\_-. l{ ..- 2 BOUN DARIES FOR FLAT NO. M-603 IN SEVENTH F LOOR NORTH :: Op('n to Sky SOUTH :: Open to Sky EAST :: Open tc Sky. WEST::Corridor Counsel for the Appellants: Sri pasham Mohith Counsel for the Respondents 1 to 3: Sri Shiva Ram Sharma B, representing Sri P. Rajagopat Reddy I l The Court delive,red the following JUDGMENT: C THE HON'BLE JUSTICE MOUSHUMI BHAT"TACIIARYA AND THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO COMMERCIAL COURT APPEAL NO.IO OF 2025 Mr. Pasham Mohith, learned counsel appearing for the appellants. Mr. Shiva Ram Sharma B, learned counsel representin$ Mr. P Rajagopal Reddy, learned counsel appearing for the respondent Nos.1 to 3. JUDGMENT: (Per Hon'ble Justice Moushumi Bhattacharya)
1. Learned counsel appearing for the respondent Nos. 1 to 3 submits that the Trial Court may be directed to dispose of the C.O.P. filed by the appellants herein within a certain time frame, upon the respondents being given an opportunity to present their defense to the C.O.P.
2. We note that the appellalts were granted interim protection pending the Appeal by this Court on 05.03.2025, in the form of the respondent No.1 being restrained from further alienating the property/ subject matter of the Arbitration in favour of their assignees/legal heirs and nominees. ,
3. Considering the fact that the C.O.P. Iiled by the appellants , I remains with the Commercial Court and the respondents are yet to hle their counters in the said C.O.P., we deem it f,rt to dispose of the Appeal by directing the Trial Court to permit the parties to frle their counters and applications, as the case may be, and to dispose of the C.O.P. within B weeks from 15.04.2025. 2
4. None of the parties shall seek any adjournmerLts from the llrial Court. 5. The orrle:r. passed by us on 0S.O3.2O25 shall remain in place till 2 weeks arter the Triar court pronounces its order in the said c.o.P. 6. C.O.M.C ,,\.No.l0 of 2025, along with all connected applications, is; di5p65"6 of in terms of the above. 7. We further make it clear that none of the responclents before the Trial Courl shall take any steps in terms of the sutrject matter of the section 9 of The Arbitration and Conciliation Act, 1996, proceedings trt render the said proceedings infructuous. 8. The appeltants sha,ll serve the papers in the C.O.p. to the respondents' rlolrtsel, who is present in Court today, b1, tomorrow, i.e., 08.O4.2025. A11 conne:ted applications are dismissed. There sha_ll be no order as to cost s. SD/-K.SRINIVASA RAO JOINT REGISTRAR //TRUE COPY// '1. The Sper:ir rl Judge for Trial and Disposal of Commercial f)is putes, Ranga Reddy Distr ict At L.B. Nag One CC to 5 n One CC to rj ri P. Rajagopat Reddy, Advocate [OPUC] Two CD ()op Pasham Mohith, Advocate loPUCl SECTION OFFICER To, 2 3 4 VTVDL HIGH COURT DATED: 0t'10412025 JUDGMEN COMCA.Nc'.10 of 2025 ( .!- DISPOSING OF COMCA 1HE S 14 14: (\ o > + 0 g Api Z0ZI "r 'l .-(-'