Andhra Pradesh High Court - Amravati
Mokati Mallikarjuna Rao vs Paluru Sankaraiah, on 29 June, 2022
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE: S.A.No.264 of 2022
PROCEEDING SHEET
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HCJ
03. & 29.06.2022
RSR, J KSR,J
Heard learned counsel for the appellant.
2. The appellant/plaintiff filed a suit
in O.S.No.48 of 2002 on the file of the Court of
Senior Civil Judge, Piler, seeking for Specific
Performance of Agreement of Sale, dated
30.08.2001.
3. It is the case of the appellant/
plaintiff that originally the suit schedule
property belongs to the defendants 1 & 2. They
agreed to sell the same to the 3rd defendant
under Agreement of Sale, dated 30.08.2001,
promising to execute registered Sale Deed after
receiving the balance of sale consideration. At
the time of agreement, defendants 1 & 2
received an amount of Rs.52,000/- from the 3rd
defendant. Subsequently, the 3rd defendant
executed agreement of sale, dated 10.10.01 in
favour of the plaintiff and an amount of
Rs.53,000/- was paid as earnest money by the
plaintiff. After filing of the suit, defendants 1 &
2 executed registered Sale Deed, dated
21.11.2002 in favour of the defendants 4 & 5.
4. After receipt of notice, all the
respondents/defendants contested the suit by
filing written statement. After elaborate trial, the
trail Court decreed the suit vide, Judgment and
Decree, dated 25.04.2014. Aggrieved by the
same, the respondents/ defendants 4 & 5 filed
appeal suit in A.S.No.12 of 2014 on the file of
the Court XI Additional District Judge, Piler.
After hearing both sides, the appellate Court
dismissed the appeal, vide Judgment and
decree, dated 06.06.2017. Aggrieved by the
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same, the defendants 4 & 5 filed Second Appeal
No.952 of 2017 before this Court.
5. In the meanwhile, the defendants
very same appellate Court. After elaborate
hearing, the appellate Court allowed the appeal,
vide Judgment and decree, dated 07.04.2022.
But, it was not brought to the notice of the
appellate Court and the appellate Court passed
separate Judgments. The decree in A.S.No.9 of
2014 reads as follows :
1. That the appeal filed by the
Appellants/Defendants be and the same is hereby
allowed ;
2. That confirming the positive judgment
and decree, dated 25.04.2014 passed by the Senior
Civil Judge, Piler in the prohibitory permanent
injunction suit O.S.No.48 of 2002.
3. That the respondents do pay to the
Appellants a sum of NIL (costs memo not filed hence
not certified)
In view of the facts and circumstances of
the case and the following substantial questions
of law :
1. Whether the Judgment in A.S.No.9 of 2014
is inconsistent to the Judgment and Decree
in A.S.No.12 of 2014 and whether
judgment is vitiated in view of the
contradictory Judgments ?
2. Whether in view of the earlier judgment in
A.S.No.12 of 2014 of the same Court, the
appeal in A.S.No.9 of 2014 is liable to be
dismissed or not ?
3. Whether agreement of Sale, dated
30.08.2001 executed by defendants 1 & 2
being the managers of the joint family
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binds the other members of the family or
not ?
4. Whether the same Court i.e., IX Additional
District Judge, Piler, can give contradictory
Judgment in two appeals filed by different
parties who are defendants in the suit ?
Admit the Second Appeal.
Post along with S.A.No.952 of 2019.
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KSR,J
RPD
I.A.No.1 of 2022
This application is filed under Section
151 of CPC seeking to suspend the operation of
Judgment and Decree, dated 07.04.2022 in
A.S.No.9 of 2014 XI Additional District Judge,
Piler, pending disposal of the second appeal.
Heard.
Having regard to the facts and
circumstances of the case and for the reasons
mentioned in the accompanying affidavit as well
as in the memorandum of grounds, the
respondents are directed not to alienate or
create any third party interest in the suit
schedule property, pending disposal of the
second appeal.
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KSR,J
RPD
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