LAWS(APH)-2023-5-76

B MADHUSREE Vs. DR PRANJALI

Decided On May 10, 2023
B Madhusree Appellant
V/S
Dr Pranjali Respondents

JUDGEMENT

(1.) This writ appeal, under clause 15 of the Letters Patent, is preferred against the order 28/9/2022 passed by the learned single Judge allowing W.P.No.1198 of 2022, quashing proceedings Roc.No.5454/2017/A6 dtd. 30/12/2021 and consequently issuing certain directions in paragraph 57 of the order.

(2.) The dispute between the parties pertains to ownership and mutation of name over building bearing Door No.20/2/268/A2 (Assessment No.1012035118) situated at Koriagunta/Maruthi Nagar, Chittoor District. Ownership certificate of the said building was issued in favour of Mr. B. Madan Mohan Reddy, who died on 14/2/2007, leaving behind the writ petitioner and two minor children. The

(3.) rd respondent/appellant filed a petition before the Tirupati Municipal Corporation (hereinafter referred as "the Corporation") on 29/7/2017 claiming to be in possession and enjoyment of the building as per the registered settlement deed document No.712806 dtd. 14/11/2006, i.e. the gift deed by Mr. B. Madan Mohan Reddy in favour of her husband late Mr. B. Giribabu Reddy, who was none other than the own brother of Mr. B. Madan Mohan Reddy. On the basis of this gift deed, 3 rd respondent/appellant claimed absolute ownership and requested to mutate her name, upon which the 2nd respondent issued proceedings in her favour on 8/8/2017. 3. It appears, the writ petitioner claimed that after the death of Mr. B. Giribabu Reddy on 7/6/2010, the owner Mr. B. Madan Mohan Reddy vide registered deed of revocation dtd. 7/9/2010, revoked/cancelled the gift deed dtd. 14/11/2006; however, this fact of cancellation of gift deed was not brought to the notice of the Corporation.