RAMA BHARATHI Vs. DOODALA BHARATHI

JUDGEMENT

(1.) The Petitioners herein are the appellants in the substantive appeal CCCA No. 170 of 2011, preferred against the judgment and decree dated 30-5-2011 in O.S. No. 154 of 2004, whereat they are defendants 3 and 4. The 1st respondent preferred the suit for cancellation of registered sale deeds dated 21-3-1986, 10-2-2000 and 29-4-2000 and for a consequent direction to respondents 7 and 8 (the legal heirs of the deceased defendant No. 6) to deliver possession of the suit schedule property together with structures therein to the plaintiff and for recovery of future mesne profits.

(2.) The suit was decreed with costs and the registered sale deeds enumerated above were cancelled by declaring them null and void; and defendants 5 to 8 were directed to deliver possession of the suit schedule property to the plaintiff together with structures and plots, within the stipulated time and to pay future mesne profits after ascertaining the same on the application if any filed by the plaintiff.

(3.) Aggrieved thereby defendants 5 to 8 preferred CCCA No. 152 of 2011 against the judgment and decree in O.S. No. 154 of 2004, on 21-9-2011, an interim order was granted in CCCA No. 152 of 2011 directing interim stay to the extent of cancellation of the registered sale deeds and delivery of possession of the suit schedule property to the plaintiff. This Court however ordered that on ascertaining mesne profits, the appellants (in CCCA No. 152 of 2011) shall deposit the same within a period of six weeks and future directed that pending further proceedings, those appellants shall not alienate, sell or encumber the suit schedule property. Eventually, by an order dated 18-11-2011, the interim order granted on 21-9-2011 and a further order passed on 28-10-2011 (directing the appellants therein not to make any further constructions, induct any third party into possession and not to commence any new business in the suit schedule property) were made absolute.