Telangana High Court
Smt. Sadanala Anitha Satya vs K.V.K.Rama Rao on 28 February, 2022
Bench: P Naveen Rao, G.Radha Rani
HONOURABLE SRI JUSTICE P.NAVEEN RAO
&
HONOURABLE DR. JUSTICE G.RADHA RANI
APPEAL SUIT NO.133 OF 2020
Date: 28.02.2022
Between:
Sadanala Anitha Satya, w/o. Krishnaji,
Aged 45 years, r/o. H.No.78-4-57/1,
Syamala Nagar, Rajahmundry,
East Godavari District, A.P.
.....Appellant/
Plaintiff
and
K.V.K.Ramarao s/o.late Subba Rao,
Aged 82 years, Advocate, r/o.Flat 405,
Sapthagiri Apartments, IV Phase,
Padmaraonagar, Secunderabad.
.....Respondent/
Defendant
The Court made the following:
PNR,J & Dr.GRR,J
AS No.133 of 2020
HONOURABLE SRI JUSTICE P.NAVEEN RAO
&
HONOURABLE DR. JUSTICE G.RADHA RANI
APPEAL SUIT NO.133 OF 2020
ORDER: (per Hon'ble Sri Justice P.Naveen Rao)
Heard learned counsel for the appellant Sri P.Vinayaka
Swamy and Sri P.Gopal Das learned counsel for respondent.
2. This appeal is filed praying to grant the following relief:
"..to set aside the judgment and decree dated 15.10.2019
made in O.S.No.33 of 2019 on the file of VI Additional District
Judge at Siddipet and allow the appeal with costs and pass
such other order or orders that are deemed fit and proper in
circumstances of the case."
3. Appellant herein is the plaintiff. Plaintiff instituted
O.S.No.33 of 2019 in the Court of VI Additional District Judge
at Siddipet praying to grant decree of specific performance of
contract i.e., to register the validated unregistered sale deed
dated 09.09.2010.
4. According to the plaintiff, defendant offered to sell the suit
schedule land to an extent of Ac.0.12 guntas in Sy.No.296 and
Acs.6.27 guntas in Sy.No.297 of Kallakal village, Toopran
Mandal, Medak district for a total sale consideration of
56,70,000/-. Plaintiff paid the entire sale consideration.
PNR,J & Dr.GRR,J
AS No.133 of 2020
However, since C.A.No.364 of 2010 in C.P.No.23 of 1988 is
pending in the High Court, both have agreed for registration of
deed of conveyance after disposal of C.A.No.364 of 2010. In
accordance with the said agreement, after disposal of
C.A.No.364 of 2010, plaintiff presented the unregistered sale
deed dated 09.09.2010 before the District Registrar, Medak
district for validation. As directed by the District Collector,
6,27,750/- towards deficit stamp duty was paid and
6,27,750/- towards penalty for the delay in registration of
sale deed was also paid. On validation of sale deed, plaintiff
requested the defendant to present himself for registration of
the document. As there was no response from the defendant
and apprehending that defendant was undertaking to alienate
the suit schedule land, plaintiff instituted O.S.No.33 of 2019.
The trial Court, by judgment dated 15.10.2019, dismissed the
said suit. Aggrieved thereby, this appeal is preferred. As there
is delay in filing the appeal, the plaintiff filed I.A.No.1 of 2020 to
condone the delay.
5. In paragraph-3 of the counter-affidavit filed in I.A.No.1 of
2020, the defendant/respondent avers as under:
"3. I submit that the petitioner/appellant offered to buy the
suit schedule land for a total sale consideration of
Rs.56,70,000/- (Rupees fifty six lakhs seventy thousand only)
subject to outcome of the legal proceedings and I have agreed
to sell the same and appellant paid the entire sale
PNR,J & Dr.GRR,J
AS No.133 of 2020
consideration. I accordingly executed a sale deed on
09.09.2010 and we have agreed to keep the registration
pending till the disposal of C.A.No.364 of 2010 in
C.A.No.882/1999 in C.P.No.23 of 1988 on the file of the
Company Court (High Court). The plaintiff after disposal of
C.A.No.364 of 2010 on 28.01.2015, submitted the
unregistered sale deed dated 09.09.2010 to the District
Registrar, Medak District at Sangareddy for validation.
Accordingly the appellant paid the said amounts through
Challan, SBI Bank on 26.04.2019 and the District Registrar
accordingly validated the said sale deed by its order dated
30.04.2019."
6. Learned counsel for appellant as well as learned counsel
for respondent submit that the issue is resolved inter se parties
and the property in issue was already registered in the name of
plaintiff as averred in paragraph-3 of the counter-affidavit. In
view of these subsequent developments, no further orders are
required to be passed in this Appeal and is accordingly disposed
of, setting aside the judgment and decree dated 15.10.2019
made in O.S.No.33 of 2019 on the file of VI Additional District
Judge at Siddipet. Pending miscellaneous petitions if any shall
stand closed.
______________________________
JUSTICE P.NAVEEN RAO
______________________________
DR.JUSTICE G.RADHA RANI
Date: 28.02.2022
Kkm
PNR,J & Dr.GRR,J
AS No.133 of 2020
HONOURABLE SRI JUSTICE P.NAVEEN RAO
&
HONOURABLE DR. JUSTICE G.RADHA RANI
APPEAL SUIT NO.133 OF 2020
Date: 28.02.2022
kkm
