VANGALA CHANDRAKANTH REDDY Vs. MAKIREDDY LAKSHMI KANTH REDDY

JUDGEMENT

(1.) Heard Ms. V.Dyumani, learned counsel for the appellant. Also heard Mr. Naram Nageswara Rao, learned counsel for respondent Nos.1 to 3/writ petitioners and Mr. P.Subash, learned Government Pleader for Revenue appearing for respondent Nos.4 and 5.

(2.) While granting leave to prefer appeal against the order dated 2/12/2020 passed by the learned single Judge in W.P.No.20639 of 2020, we had passed the following order dated 22.06.2021 in I.A.No.1 of 2021:

(3.) Appellant herein had filed a suit against the writ petitioners No.2 and 3, which was registered as O.S.No.89 of 2018 on the file of Principal Senior Civil Judge Court, Nandyal in respect of a plot bearing No.173/MIG-II admeasuring 4 cents 740 sq.links or 229.44 sq. yards in Sy.Nos.2313/C and 2315/1 situated at Nandyal town limits, amongst others, for specific performance of agreement of sale in respect of the aforesaid property. The appellant had also filed an application under Order XXXIX Rule 1 of the Code of Civil Procedure, registered as I.A.No.220 of 2018 in O.S.No.89 of 2018, and the learned Court had passed an order of injunction on 20.04.2018 directing the defendants therein (writ petitioners No.2 and 3 in the writ petition) restraining them from alienating the suit schedule property till appearance and filing of counter in that petition. Thereafter, the said interim order was extended from time to time and the last order annexed to the appeal shows that the injunction order was extended till 12.05.2021. It is evident from the affidavit that the defendants therein had filed their written statement on 06.08.2018 and thus have knowledge of the suit.