✦ High Court of India · 09 Jan 2025

The High Court · 2025

Case Details High Court of India · 09 Jan 2025
Court
High Court of India
Decided
09 Jan 2025
Length
1,471 words

...Appellants/Defendants

1. Basiboina Veera Venkata Rama Rao, S/o Narsimham, Age:38 years, Occ:Employee in Paper lndustry Rlo 16-10-23414/fu1, Municipal Colony, Malakpet, Hyderabad-36.

2. Butti Santhosham, S/o late Narasaiah, Age:66 years, Occ: retired employee, 3. Butti Chayadevi, Wo Santhosham, Age:58 years, Occ: House wife, 4- B.S, Abhijeet Kumar, S/o Santhosham, Age:33 years, Occ: Business, 5. B.S. Arjeet Kumar, S/o Santhosham, Age:31 years, Occ: Student, 6. B.S. Avinash, S/o Santhosham, Age:24 years, Occ:Student, 7. Butti Lakshmi, D/o Santhosham, Age:30 years, Occ: Student, 8. Butti Mallika, D/o Santhosham, Age:29 years, Occ: Student, (AIl are residents of H.No.5-2-144, Fathepura, Karimnagar)

9. Smt. Gandra Sharada, Wo Rajeshwar Rao, Age:39 years, Occ. Housewife, R/o 5-7-880, Housing Board Colony, Karimnagar.

10. Syed Altaf Hussain, S/o Meer Gulam Rasool, Age:32 years, Occ: Business, R/o H.No.1-1-.1 14, Khaleelpura, Karimnagar. 'l '1. Mohammed Ayub Ali, S/o Mohammed Ahmed Ali, Age:29 years, Occ: Business, R/o H. No. 1 -5-525, Amernagar, Karimnagar.

12. Mohammed Vazeeruddin, S/o Mohammed Yousuffuddin, Age.31 years, Occ Business, R/o H.No.1-1-78, Shasaheb Street, Karimnagar.

13. Shaik Yousufuddin, Sio Shaik Chand, Age:35 years, Occ: Business, R/o H.No.'1-1-1 22, Khaleelpura, Karimnagar. ...Respondents [esp91!qqts-! to 13 are impleaded as per orders of R (E) in ASMp.No.2163 of 2010 daled 26-06-2012 l.A. NO: 1 OF 2000(CMP NO: 10'115 OF 2000) Petition under Section 151 CPC praying that in the circurnstances stated in the affidavit filed rn support of the petition, the High Court may be pleased to stay all further proceedings in O.S.No.76 of 1996, on the file of the Court of the Chairman L.R.A.-1. -cum-lll Addl. Dist. Judge at Karimnagar, dated. 21-9-99, pending final disposal of the main appeal. l.A. NO: 2 OF 2000(CMP. NO: 20296 OF 2000) Between: Basiboina Veera Venkata Occ:Employee in Paper ln Malakpet, Hyderabad-36. Rama Rao, S/o Narsimham, Age:38 years, dustry R/o 16-10-234t41N1, Municipat Colony, Petitioner AND

1. Butti Durggrnma, W/o Narsaiah, (died). as per L.R.Butti Eshwaraiah, S/o Narsaiah (D-2)

2. Bufti Eshwaraiah, S/o Narsaiah, Age:67 years, Occ: Agriculture and Govt. employee R/o H.No.5-2-147, Pathepura, Karimnagar. ... Respondents/AppellanURespondents

3. Butti Santhosham, S/o late Narasaiah, Age:66 years, Occ: retired employee, 4. Butti Chayadevi, W/o Santhosham, Age:58 years, Occ: House wife, 5. B.S. Abhijeet Kumar, S/o Santhosham, Age:33 years, Occ: Business, 6. B.S. Arjeet Kumar, S/o Santhosham, Age:31 years, Occ: Student, 7. B.S. Avinash, S/o Santhosham, Age:24 years, Occ:Student, 8. Butti Lakshmi D/o Santhosham, Age:30 years, Occ: Student, 9. Butti Mallika. D/o Santhosham, Age:29 years, Occ: Student, Respondents 3 to g are residents of H.No.5-2-144, Fathepura, Karimnagar

10. Smt G-andra Sharada, Wo Rajeshwar Rao, Age:39 years, Occ: Housewife, R/o 5-7-880, Housing Board Colony, Karimnagar. 11 Syed Altaf Hussain, _S/o Meer Gulam Rasool, Age:32 years, Occ: Business, R/o H.No.1-1-1 14, Khateelpura, Karimnagar.

12. Mohammed Ayub Ali, S/o Mohammed Ahmed Ali, Age:29 years, Occ: Business, R/o H.No.1-5-525, Amernagar, Karimnbgir.

13. Mohammed Vazeeruddin, S/o Mohammed yousuffuddin, Age:3.1 years, Occ: Business, R/o H. No.'1-1-78, Shasaheb Street, Karlmnagar. 14 Shaik Yousufuddin, S/o Shaik Chand, Age:35 years, Occ: Business, R/o H No. 1-1-122, Khaleelpura, Karimnagarl (!9-spo1q91t9 3 to 14 are impleaded as per order dated 26-06-2012, vide tA No.2 of 2010(AS MP No 2163 of 2010) in AS.No 1516 of 2000.) Petition under Order 39 Rule 1 & 2 of C.p.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim injunction restraining the respondenls herein from alienating or changing the nature of the suit schedule property in any manner whatsoever, pending disposal of the above appeal. l.A. NO: 2 OF 2012(ASMP. NO: 1448 oF 20121 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondenl No. 15 not to entertain any documents for registration alieanating the suit schedule property measuring Ac. 2.00 gts or part thereof in Survey No. 622131 sltuated at by-p;iss road, Kothi Rampur locality of Karimnagar town, within the limits of Municipal Corporation, Karimnagar pendang disposai of the above appeal AS.No.1516 of 2000 preferred against the judgment and the decree passed in OS.No.76 of 1996 by the court of the Chairman LRAT-cum- l Additional District Judge, Karimnagar dated. 2i-09-1999. l.A. NO: 3 OF 2012(ASMP. NO: 1449 oF 20121 Petition under Order 41 Rule 27 of 'C.p.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the certified copies of the Agreements of sale- cum-General Power of Attorney with possession dated.l 1-07-2006 executed by the respondent Nos. 3 to 9 in favour of the Respondent Nos.11 to 14 herein vide document Nos. 9669, 9670, 9671 & 9672 of 2006 may kindty be received towards additional evidence and marked as Exs. 4-6 to A-g in the above appeal AS. No.'l 5'16 of 2000 preferred against the judgment and the decree passed in OS.No.76 of 1996 by the court of Chairman LRAT-cum-lll Additional District Judge, Karimnagar dated. 21-09-1999. I .7 l.A. NO: 4 OF 20't2(AS MP. NO: 1450 oF 20121 Petition under Order 39 Rule 2-A of C.p.C praying that in the circumstances stated in the affidavit filed in support of the petition]the High court may be pleased to order the respondent Nos. 3 to g herein to be detaine-d in civil prison pending disposar of AS.No.1516 of 2ooo preferred against the judgment and the decree passed in os.No.76 of 1996 by the court of the chairmin iRnt- cum-lll Additional District Judge, Karimnagar dated. 2 j-09_1999. t.A. NO: 5 OF 2012 ASMP. NO: 1451 0F 2012 Petition under section '151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, ine nign court may oe pleased to direct the commissioner, Municipal corporation, Kaiimnagar the respondent No. 16 herein not to grant any permissions or approvals t6r of any compound walls- o-r buildings or any other structures in the suit schedule pl.op".ty measuring Ac. 2 00 gts or part- thereof in survey No. 622131 situated at'ov+asl road, Kothi Rgmpur locatity of Karimnagar town, within the limits or nauiriiipal Corporation, Karimnagar, pending disposil of the above appeal. "on"trurit,on l.A. NO: 6 OF 2O,I:I(ASM P. NO: 1452 OF 20121 Petition under Order 39 Rute 2_A of C.p.C praying that in the circumstances stated in the affidavit filed in support of the petition-the High court may be pleased to attach the suit schedure property ie., Ac. 2.00 gts in" survey No- 622131 situated at by-pass_ road, Kothi Rampui rocarity ot xarr-mnagai 1o*i within the^ limits of [,4unicipar corporation, Karimnagar pehoing oisposit or tne appeal AS.No.1516 of 2000 preferred against the judgment-and the decree passed in os.No.z6 of 1996 by the court of chairmin [RAT-cum-il| Additionat District Judge, Karrmnagar dated. 21-09-.1999. Counsel for the Appellant No.2: party-in person (Not present) Counsel for the Respondent No.1: Sri T. Mahender Rao Counsel for the Respondents No..l 1 & 13: Sri Bankaflal Mandhani The Court delivered the following: JUDGMENT f THE HONOURABLE SMT JUSTICE P. SREE SUDHA A.S.No. 1 516 0F 2000 I JUDGMENT: O.S.No.76 of 1996 was filed by respondent/plaintiff against appeltants/defendants for specific performance of contract of sale and the same was decreed on 2\ 'O9 '1999, against which appellants herein preferred tJle present appea-l' Since the appeal is of the year 2OOO and the app€llants did not evince any interest, no purpose would be served in continuing the appeal. 3 Accordingly, this appeal is dismissed' No order as to costs- Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/. I. NAGA LAKSHMI JOINT REGISTRAR ECTION OFFICER /

1. The Chairman L.R.A.T.cum lll Additional District Judge, at Karimnagar. 2. Butti Eshwaraiah, S/o Narsaiah, Age:67 years' Occ: Agriculture and Govt. employee Ryo H.No.5-2-147, Pathepura, Karimnagar.

3. One CC to Sri T. Mahender Rao, Advocate [OPUC] 4. One CC to Sri Bankatlal Mandhani, Advocate IOPUC] 5. Two CD Copies I To, w HIGH COURT DATED:0910112025 JUDGMENT AS.No.1516 of 2000 HE SLiill 1 \)l /- 2 5 APB 2[25 P 7l C: \ cJ f, IJ OsS pATCH6O DISMISS!NG THE APPEAL SUIT WITHOUT COSTS. 'A6 4 6

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