Dharmana Projects Private ... vs Mantri Dharma Prasada Rao,
2022 Latest Caselaw 3750 AP

        HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
                                    AND

        HON'BLE SRI JUSTICE T. RAJASEKHAR RAO

                           A.S.No.1999 of 2018


JUDGMENT : (Per Hon'ble Sri Justice U. Durga Prasad Rao)

       Heard Sri P. Veerraju, learned counsel for the appellant, Sri

K. Sreedhar Murthy, learned counsel for respondent Nos.1 to 4 and

Sri B. Appa Rao, learned counsel for respondent Nos. 5 and 6.

2. It is seen that as against the order dated 08.08.2018 in

unnumbered O.S.No.___ of 2017 (G.R.No.3224, dated 01.06.2017)

passed by learned Principal District Judge, Srikakulam rejecting the

plaint under Order VII Rule 11 of CPC on the ground that in the suit

for specific performance there was no cause of action between the

plaintiff and the 5th defendant as the 5th defendant had no right to enter

into the agreement with the plaintiff since the 5th defendant has not

acquired any title or interest over the property under the agreement of

sale, the plaintiff is before us in the instant appeal.

3. When the matter is taken up for hearing today, both the learned

counsel would submit that they have no objection for allowing the

appeal and directing the trial Court to register the suit as the parties

are intending to file a compromise petition before the trial Court for

amicable disposal of the subject matter in the suit.

4. In view of above submission of both learned counsel, this

appeal is allowed setting aside the order dated 08.08.2018 in

unnumbered O.S.No.___ of 2017 (G.R.No.3224, dated 01.06.2017)

passed by learned Principal District Judge, Srikakulam with a

direction to register the suit within one week from the date of receipt

of copy of this order to enable the parties to file a compromise petition

and to proceed further in the matter in accordance with law. Both the

parties admit that they will appear before the trial Court and move

compromise petition within one week from the date of registration of

the suit. They also agreed that till the compromise petition is filed and

processed in accordance with law, respondents/defendants will not

alienate the subject property to third parties. No costs.

As a sequel, interlocutory applications pending, if any, shall

stand closed.

_________________________ U.DURGA PRASAD RAO, J

_______________________ T. RAJASEKHAR RAO, J 06.07.2022 NOTE: Issue CC by 07.07.2022 (B/o) krk

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO AND

HON'BLE SRI JUSTICE T. RAJASEKHAR RAO

A.S.No.1999 of 2018

06th July, 2022

krk