M.Avinash Yadav And Another v. Mr. Karthik Reddy And Another

[3183 |

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI)

WEDNESDAY ,THE TWENTY EIGHTH DAY OF OCTOBERTWO THOUSAND AND TWENTY :PRESENT:

THE IIONOUITABLE SRI JUSI'ICE B.VI.IAYST]N REDDY lA No. I OF 2020 IN RECEM & TRANSMIT PETITION* No. : 7 OF 2020 llehrcen:

l. M.Avinash Yadav, S/o M. Balakrishna Yadav, Aged About 3Tyears , Occ. Business, fuo Flat. No.5A' 600, LodhaBellezza. Near RTO office,KPHB - IV phase, Hyderabad500072.

2. M. Arjun, S/o M.Seshagiri Rao Aged About 34 Years, Occ. Business, R/oVessella Villas,Sri Ram nagar colony Kondapur,Botanical Garden Road, Hyderabad-500084 ...Plaintiffs/Petitioners (Petitioners in R&T.P No. 7 and l.A.

'f{o. I of2o2o) Plaintiffs in unnumbered OS(SR) No...... of 2020 Sought to be received in the High Court, sought to be presented to the Court of the XV Addl. District Judge, Kukatpally. Rangareddy District) _{\D l. Mr. Karthik Reddy and another, S/o P. Sainath Reddy, Aged about 36 years, Occ. Business, R/o Villa O:137, Keerthi Richmond Villas, Near Glendale School, SI.|NCITY, Bandlaguda Jagir, Hyderabad -500086 AIso at. H.No.854/B, Road No.44, Jubilee Hills, Hyderabad -500 033. Ph. + 91- 9949229999 Ernail Id. Ka4hikpadi@gmail.com

2. Mrs. P. Shailaja Reddy. W/o P. Sainath Reddy. Aged about 6l vears, Occ. Business, l{lO Villa O:l37.Keerthi Richmond Villas. Near Glendale School. StiNCll'l'Y. Band lagudaJagir'. Il1'dcrabad -500086.

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Also at. F[.No.854/8, Road No.44..lubilec Hills. Hyderabad -500 0]3. Ph. +91- 95506 09999 Email ld . Sainathpadi@gmail,com Det'endants/ Respondents in R&T. P. No. 7 and I.A. No. I o12020 (Respondents in-do-) Il&T. l'ctition No. 7 of 2020 Petition under Section 33 of T.S. Civil Courts Act, praying that in the circumstanccs stated in the affidavit filed hercin the High C.'oun may be pieased to receive the suit, and transmit the suit to the court of the XV Additional District Judge, Ranga Reddy Court at Kukatpally; l.A. No. I ol 2020 Petition under Order XXXIX Rule I and 2 of C.P.C, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to grant ternporary iniCfction

restraining the Respondents from alienating the property or creating third party interest in the property by entering into any agreement with anyone whatsoever; This petition coming on for orders, upon perusing the petition and the affidavit filed therein, and upon hearing the arguments of Sri A.V.Siva Karthikeya, Advocate representing Sri Bommineni Vivekananda. Advocate for the Petitioners in both the petitions: I1'IS ORDERED AS F-OL,I"OWS:

That the papers bearing unnumbered O.S. (SR). No......of 2020. sought to be presented to the Court ofthe XV Addl. District Judge, Rangareddy at Kukatpally, be Ieceived in the High Court; and ordered as loliows 'Receive and transmit', '[hat the Court further ordered as follorvs:

This application is tiled to grant temporary injunction restraining the respondents lrom alienating or creating anl third partv interest in respect of the suit schedule propert\'. It is the claim of the petitioners/plaintilfs that an oral agreenrent *:rs entered bct\rccn thc pctitio n ers/pla in tiff's and the res pond en ts/defcnd a n ts lbr purchasing thc suit schedule propert) Ibr a sale consitleration of Rs.11,000/- per squar( fect, n'hich comrs to l{s.8,18,00,000/-, including taxes, and a sum of Rs.3,00,00,000/- rvas paid as advance, to thrl d efend a nts.

Sri A.V.Siva Karthikeya, learned counsel representing Sri Bommrneni Vivekananda, learned counsel on record for the petitioners/plaintiffs, has drarvn thc attention ,rf this Court to yarious receipts filed along with thr material p:rpers t0 sho$ that a sum ol' Rs.3,00,00,0001 has been pAid as advance, out of Rs.8,J8,00,0001 to the defendanls and thc same is admitted by the 1'r defendant in Whatsapp message, rvhich is sent by' the 1't defendant to one Nithin, who is commonly acquainted to plaintilTs and dcfcndanls, It is further submitted that, a complaint was filed before the Inspector, ()achibol Ii, Hlderabad b1' the I'r defendant, *'herein he admitted that an oral ngreement wls cntercd into lbr s:rlc of 600 square yards plot with 7,100 square feet built up area to the 2"d dcfenrlant at lls.l8,0l)01 per square feet, out of which, Rs.

3,00,00,000t has bcen paid as advance in the year 201!) Learned counsel also submitted that notice dated 30.08.2020 has been sent through e-mail to the defendants. The I'r defendant has replierl to the said e-mail on the sarne dav i.e.30.03.2020 and the plaintiffs replied to the said e-mail on 01.09.2020. ln the above facts and circumstances, the main dispute betwr:en lhe parties appears to be that thc actual sale consideration for the suit schedule pn)pert1' payable by- the plaintilfs. According to thc plaintiffs the sale consideration is Rs.l1,000/- pcr square I'eet, and according to the dr:l'endants it is Rs.18,000/- per square fect and not I{s.l1,000i- per square l'eet. To the said effect, a legal notice u as issued by the plaintiffs on 211.09.2020 to thc defend:rnts, but it u as rcturned rvith an cndorsement 'no such person'.

ln this factual hacliground, this Courl is inclincd to grant e.t parte atl intcrinr injunction restraining the del'endants from alien:rting or creating anv third pirrt), intercst in rcspect of the suit schedule property till 16.11.2020 by dispensing nith Iotice undcr Ordcr XXXIX l{ule 3 of the (lode of Civil Procedure, 1908.

^ ASSISTAN'I ITI.]G IS-I' I{AII ,TRUE COPY// ST]CTION oFFICEI{

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1. Thc ChielJudge, City Civil Court, lJyderabad (in duplicate alor.rg *ith a copy of petition arrd injunctlpn to serve or.l respondents and to the retuln the same to the XV Addl. District judge, Kukatpally. Rangareddy District)

2. The Prl. District Judge, Rangareddy at L.B.Nagar, Rangareddy (in duplicate along with a copy ofpetition and injunction to serve on respondents and to the return the same to the XV Addl. District Judge, Kukatpally, Rangareddy District)

3. The XV Addl. District Judge, Kukatpally, Rangareddy District ((By Spl. Messenger along with entire material papers relating to O.S. (SR))

4. lv1r. Kafthik Reddy and another, S/o P. Sainath Reddy, Aged about 36 years, Occ. Business, R/o Villa O:137, Keerthi Richmond Villas, Near Glendale School, SUNCITY. Bandlaguda Jagir, Hyderabad -500086 Also at. H.No.854/B, Road No.44, Jubilee Hills, Hyderabad -500 033. PIr. + 9l- 99492 29999 Email Id. Karthikpadi@gmail.com

5. Mrs. P, Shailaja Reddy. W/o P. Sainath Reddy, Aged about 61 years. Occ. Business, RIO Villa O:1 3T,Keerthi Richmond Villas. Near Glendalc School. SLINCI-lY. Iland laguda-lagir. I ly derabad -500086.

Also at. H.No.ll5,:1/8. Roacl No.,14. .lubilce Ilills. Ilvdcrabad -50(-) 0-li. I,h. .91- 95506 09999 I:mail ld . Sainarhpad il4gnrail.com (Addressees 4 & 5 BY RPAD along with a copy of petition and affidavit) '---/

6. One CC to SRL BOMMINENI VIVEKANANDA Advocate [OI'UC]

7. The Section Officer, Judicial Section, High Court, at Hyderabad.

8. One spare copy

HIGH (]OURT BYI{.,1 DATE: 2ll-10-2020 OIIDEIT '. ii."

'(- ,'' 'r'' 1s:-'ry \ I I I.A. NO. I OF 2020 AND It&T P. No. 1 of 2020 .r_ -nl c I\'I ERI \I I\.IL'\C.TIO]i o