SREE SURYA DEVELOPERS Vs. N. SAILESH PRASAD

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 1/10/2019 passed by the High Court for the State of Telangana at Hyderabad in Appeal Suit No.454 of 2019 by which the High Court has allowed the said appeal preferred by the respondent No.1 herein - original plaintiff and has quashed and set aside the order passed by the learned II Additional District Judge, Ranga Reddy District dtd. 2/5/2019 in I.A. No.108 of 2019 in O.S. No.537 of 2018 by which the learned Trial Court rejected the plaint under Order 7 Rule 11(d) of the Civil Procedure Code (hereinafter referred to as "CPC"), the original defendants to O.S. No.537 of 2018 have preferred the present appeals.

(2.) The facts leading to the present appeals in nutshell are as under:-

(3.) Shri Mukul Rohatgi, learned Senior Advocate appearing on behalf of the appellant - Developer has vehemently submitted that in the facts and circumstances of the case, the High Court has committed a grave error in quashing and setting aside the order passed by the Trial court rejecting the plaint in exercise of powers under Order VII Rule 11 CPC holding that in view of Order XXIII Rule 3A CPC, no independent suit would be maintainable against the Compromise Decree.