SADARA HOTELS PVT. LTD. Vs. LOK ADALAT

JUDGEMENT

(1.) Heard Sri P. Balaji Varma, learned counsel appearing for the petitioner, Sri S. Lakshminarayana Reddy, learned Standing Counsel appearing for the 1st respondent and learned G.P. for Revenue appearing for the 4th respondent.

(2.) The case of the petitioner is as follows:

(3.) The 2nd respondent has filed a counter affidavit disputing and denying all the allegations made by the petitioner. It is the case of the 2nd respondent that the agreement of sale is a genuine agreement and the common vendor, of the land in question, had entered into a genuine compromise with the 2nd respondent on account of which the disputed deed of sale had been executed in favour of the 2nd respondent. It is further contended that the property purchased by the 2nd respondent is 3110 sq. yds. The petitioner claims to have purchased 1620 sq. yds. As far as the remaining land is concerned, one M/s. Kapil Consultancy Services Private Limited claiming that it had entered into an agreement of sale, dtd. 27/11/1996 for an extent of 1505 sq. yds, had filed O.S.No.121 of 2006, on the file of the I Additional Chief Judge, City Civil Court, Secunderabad, for specific performance of the agreement of sale. The suit is said to have ended in a compromise, which was recorded and a judgment was rendered, in terms of the compromise, on 25/11/2006. Subsequently, E.P.No.53 of 2006 was filed for execution of the said judgment and decree. This resulted in a deed of sale, dtd. 24/2/2007, being executed through the Court and registered as Document No.478 of 2007. On the basis of these facts, M/s. Kapil Consultancy Services Private Limited filed W.P.No.33736 of 2014 before the Hon'ble High Court at Hyderabad for setting aside the award, which is now being challenged in the present writ petition. This writ petition was dismissed on the ground that the challenge to the award should be raised in the Civil Court. Review petition therein, in W.P.M.P.No.13757 of 2015, filed against this order, was also dismissed on 1/9/2016. It is further contended that the very same M/s. Kapil Consultancy Services Private Limited opposed E.P.No.32 of 2008, which had been filed by the 2nd respondent for execution of the deed of sale, by way of a claim petition, which was rejected by the Civil Court on 31/1/2022. C.C.C.A.No.61 of 2022 filed against the order of the claim petition, came to be dismissed by a Division Bench of the Hon'ble High Court of Telangana. Aggrieved, by this order of dismissal, M/s. Kapil Consultancy Services Private Limited approached the Hon'ble Supreme Court by way of S.L.P.(C) Diary No.39651 of 2022, which also came to be dismissed. The 2nd respondent contends that in view of the dismissal of the challenge to the award by M/s. Kapil Consultancy Services Private Limited, nothing further survives in the present writ petition.