CMA/160/2023
2023 Latest Caselaw 3305 AP

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            HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
                                   AND
          HON'BLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI


                        C.M.A.No.160 of 2023


JUDGMENT: (per Hon'ble D.V.S.S.Somayajulu)


      This Civil Miscellaneous Appeal is filed questioning the order

dated 15.04.2023 in I.A.No.89 of 2023 in O.S.No.30 of 2023 passed by

the VI Additional District Judge, Visakhapatnam.          This was heard

along with C.M.A.No.159 of 2023.

2.    Similar   arguments   were   advanced   in   this    appeal   as    in

CMA.No.159 of 2023 and it is agreed that they would relate to this

appeal.   The order impugned restrained the respondents (defendant

NOs.10 and 11) from alienating the suit schedule property till the

disposal of the suit.

3. In the opinion of this Court, the order passed is a reasoned

order. Admittedly, the property has not been partitioned. The

plaintiffs and defendant Nos.1 to 4 purchased undivided shares. No

specific boundaries in the shares are given in the sale deed. A

subsequent unilateral transfer and the subsequent development

agreement without the consent of the plaintiffs cannot convey a

demarcated property. Therefore, the impugned order is correct and is

in accordance with law. The reasons herein are also discussed while

disposing C.M.A.No.159 of 2023. The same reasons apply to this case

and to this order.

4. This appeal is also therefore dismissed. No order as to costs.

Copy of the order passed in C.M.A.No.159 of 2023 which contains

reasons should be annexed along with the copy of this order whenever

the same is issued. As a sequel, the miscellaneous petitions if any

shall stand dismissed.

__________________________ D.V.S.S. SOMAYAJULU,J

______________________________ B.V.L.N.CHAKRAVARTHI,J

Date: 04.07.2023 KLP