I.AGA REDDY Vs. S.DHARNEET SINGH

JUDGEMENT

(1.) These two revisions and appeal arise out of a common order, dated 17.08.2009 passed by the learned Chief Judge, City Civil Court, Hyderabad in O.S.No.379 of 2008. Hence, they are disposed of through a common order. For the sake of convenience, the parties are referred to as arrayed in the revisions.

(2.) The 1st petitioner had two sons, by name Devender Reddy, the husband of 2nd petitioner and father of petitioners 3 and 4, and Rajender Kumar, 2nd respondent herein. The 1st petitioner is an Advocate, and earlier, he practiced at Karimnagar. He acquired an item of property bearing plot No.1352 situated at Jubilee Hills, Hyderabad (for short 'the property') in the year 1965. In the year 1986, he got the property registered in the name of the 2nd respondent and in the year 1987, a house was constructed said to be by the joint family. The 1st petitioner shifted his practice to Hyderabad in the year 1991. The partition in the family is said to have taken place in the year 1992 and that the property was allotted to the share of the 1st petitioner. When there was some resistance by his two sons, the 1st petitioner filed O.S.No.1161 of 1996 in the Court of IV Senior Civil Judge, City Civil Court, Hyderabad, against them. A compromise decree was passed on 30.07.1999, whereunder it was agreed that the 2nd son of the 1st petitioner viz., Devender Reddy, shall be owner of the property but the 1st petitioner shall have the right to enjoy the same during his life time. It was also provided that the 2nd respondent be paid a sum of Rs.23,00,000/-.

(3.) The 1st respondent filed O.S.No.379 of 2008 in the Court of Chief Judge, Hyderabad, for sale of the mortgaged property. It was pleaded that the 2nd respondent mortgaged the property by deposit of title deeds on 17.07.1996 and that the amount together with interest is Rs.1,22,30,000/-. An ex parte preliminary decree was passed on 26.02.2009.