V PRASAD REDDY Vs. M GURUMOORTHY

JUDGEMENT

(1.) OS Nos.6 of 1996, 16 of 1996, 17 of 1996 and 18 of 1996 were decided by a common judgment by the III-Additional District Judge, Chittoor at Tirupati on 31-8-1998. This judgment became subject-matter of appeals in AS.Nos.1713,1715,1716 of 1998 and 371 of 1999 and also subject-matter of CRP Nos.1687 and 1688 of 1999. All of them were disposed of by a common judgment by a learned Single Judge of this Court. Now these LPAs have been filed against the judgment of the learned Single Judge of this Court. I

(2.) Before going to the main appeals, since the matter was heard against the common judgment of the learned Single Judge and the advocates appearing in appeals which are time barred were also heard, the delay in representing some LPAs is condoned and the requirement of furnishing certified copies of judgment is also dispensed with.

(3.) All the suits were filed mainly for declaration that the judgment and decree in OS No.161 of 1979 was not binding on the plaintiffs and injunction with respect to suit schedule property was also sought. The decree in OS No.161 of 1979 was challenged on the ground that it was collusive, but the Trial Court held that the decree in OS No.161 of 1979 was not collusive and the transactions in favour of plaintiffs were hit by Section 52 of the Transfer of Property Act. The suits were dismissed. In appeal the learned Single Judge came to the conclusion: