BOLLINENI DEVELOPERS LTD Vs. K SAILENDRA KUMAR

JUDGEMENT

(1.) This Original Side Appeal (OSA) is filed as against the order and decretal order dated 23.01.2017 passed in Application No.5805 of 2013 in C.S.No.256 of 2013 by the learned Single Judge of this Court, in dismissing the said application which was filed by the appellant/second defendant to revoke the leave granted in favour of the respondents 1 to 3/plaintiffs in Application No.1700 of 2013, dated 09.04.2013 to file the suit for specific performance before the Original Side of this Court.

(2.) In the said suit filed in C.S.No.256 of 2013, the appellant herein is arrayed as second defendant; the fourth respondent herein is arrayed as the first defendant and the respondents 1 to 3 are the plaintiffs. The said suit was filed for the following reliefs:

(3.) Though the appellant was shown as the second defendant, no relief was claimed in the suit as against him. Further, during the hearing of the present appeal, the learned counsel appearing for the respondents 1 and 2/plaintiffs made an endorsement on the Memorandum of Grounds of Appeal that he is not pressing the prayer (b) made in the suit, namely with regard to the permanent injunction. In the above background, we will deal with the issue involved in this appeal.