Telangana High Court

CMA/409/2010 of Kanna Venugopala Rao Vs Konda Vara Prasad Rao on 28 December 2012

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SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE K.G.SHANKAR C.M.A.No.409 of 2010 JUDGMENT: (per the Hon’ble Sri Justice V.Eswaraiah) This CMA is filed by 12th defendant in the suit against the order passed in I.A.No.872 of 2009 in O.S.No.205 of 2007 dated 23.11.2009 on

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JUDGMENT:(per the Hon’ble Sri Justice V.Eswaraiah)

This CMA is filed by 12[th] defendant in the suit against the orderpassed in I.A.No.872 of 2009 in O.S.No.205 of 2007 dated 23.11.2009on the file of VIII Additional District Judge (Fast Track Court), Guntur ingranting temporary injunction restraining the 1[st] defendant frommaking any alienations with respect to item No.2 of the plaint scheduleproperty and further restraining the 12[th] defendant from making furtherpermanent constructions in item No.1 of plaint schedule till thedisposal of the suit.

Learned counsel for the appellant submits that the appellant haspurchased the suit schedule property under registered sale deed dated11.10.2006 bearing Document No.14536 of 2006, hence he wassubsequently added as 12[th] defendant in the suit. He further submitsthat the suit itself is not maintainable as it is filed for possession of suitschedule property without seeking for declaration of title and recoveryof possession.

Having heard the learned counsel on either side and perused thematerial available on record, we are not inclined to express anyopinion on merits of the matter, as it is always open for the appellant toraise this issue as preliminary objection during the course of trial of thesuit.

Therefore, we deem it appropriate to dispose of the CMA givingliberty to the appellant to raise all such pleas during the course of trialof the suit. There shall be no order as to costs.

______________V.ESWARAIAH, J

_____________

K.G.SHANKAR, J

28.12.2012

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

Date: 28.12.2012

Between:

Kanna Venugopala Rao

And

.. Appellant

Konda Vara Prasad and others.

.. Respondents

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