Kunapareddya Radha vs Koka Venkata Kumar
2021 Latest Caselaw 719 AP

     THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

                      S.A.No.109 of 2015
JUDGMENT:-

      The Second Appeal arises against the judgment and decree

in A.S.No.101 of 2009 on the file of the learned IV Additional

District Judge, Visakhapatnam, dated 27.08.2014 reversing the

judgment and decree in O.S.No.478 of 2006 on the file of the II

Additional Senior Civil Judge, Visakhapatnam, dated 13.02.2009.

2.    The appellant herein is the respondent in the first appeal

and the plaintiff in the suit. The respondent herein is the

appellant in the first appeal and the defendant in the suit. The

plaintiff initiated action in O.S.No.478 of 2006 on the file of the II

Additional Senior Civil Judge, Visakhapatnam against the

defendant for recovery of a sum of Rs.2,76,050/- with interest at

12% per annum from the date of suit till the date of realization

and damages of Rs.1,00,000/-. It is the case of the plaintiff that

he has purchased a shop from the defendant under a registered

sale deed by paying a valid sale consideration. Subsequently, the

municipal authorities have demolished the shop on the ground

that it has no sanction order. Aggrieved by the same, the suit is

initiated against the defendant for recovery of the sale

consideration with interest.

3. Upon consideration of the matter on merits, the suit is

decreed for a sum of Rs.3,76,050/- with subsequent interest @ 6%

per annum from the date of the suit till the date of realization.

Aggrieved by the same, the defendant preferred first appeal in

A.S.No.101 of 2009 on the file of the learned IV Additional District

Judge, Visakhapatnam. The lower appellate court on

consideration of the matter referring to the judgments cited

before it came to a conclusion that it is a fit case for the plaintiff

to seek for cancellation of the said sale deed basing upon which

he also sought for recovery of money.

4. Accordingly the first appeal was allowed setting aside the

judgment and decree passed by the II Additional Senior Civil

Judge, Visakhapatnam, dated 13.02.2009. Assailing the same, the

plaintiff preferred this second appeal No.109 of 2015 before this

Court. As observed, it is in the nature of reversing judgment and

the appellant herein agrees to seek a comprehensive relief before

the trial court afresh if an opportunity is given by filing an

appropriate application before the trial court.

5. Accepting the contention of the learned counsel for the

appellant herein as just prayer, the judgments and decrees of the

courts below are set aside herewith remanding the matter to the

trial court for consideration of the suit afresh by giving an

opportunity to the plaintiff for filing an amendment application

and the trial court is directed to give an opportunity to both the

parties on considering the said application and upon hearing of

the suit appropriate orders can be passed by a judgment and

decree in accordance with law as expeditiously as possible

preferably within four (4) months from the date of receipt of a

copy of this order.

6. Accordingly, the second appeal is disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions, pending if any, shall stand closed.

__________________ B. KRISHNA MOHAN, J Dated: 09-02-2021 EPS

HON'BLE SRI JUSTICE B. KRISHNA MOHAN

S.A.No.109 of 2015

Dated :09.02.2021

EPS