Y VINOD REDDY Vs. SYED AHMED ALI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal arises out of the order, dated 27.08.2014, in I.A.No.285 of 2014 in O.S.No.674 of 2014 on the file of learned XIII Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.

(2.) AT the interlocutory stage, the civil miscellaneous appeal itself is taken up for hearing and disposal with the consent of the learned counsel for both the parties.

(3.) BRIEF facts leading to the filing of the civil miscellaneous appeal are three persons i.e., P.Lachamma, D.Anji Reddy and K.Ramakrishna Reddy (respondent Nos.3 to 5) along with one P.Agam Reddy jointly purchased the land admeasuring Acs.161.36 guntas situated at Thimmaipalli Village under a common registered sale deed bearing document No.492 of 1966, dated 20.06.1966; out of this land, an extent of Acs.88.07 guntas is situate in survey Nos.76 to 81 and an extent of Acs.73.29 guntas is situate in survey Nos.82 to 86; on 23.02.1988, respondent No.4, one of the joint purchasers, having 16% share in Acs.73.29 guntas in survey Nos.82 to 86, died; on 01.11.1988, one P.Narsa Reddy (respondent No.2), husband of one of the co -purchasers viz., P.Lachamma (respondent No.3), was stated to have executed a receipt/agreement of sale in respect of land admeasuring Acs.33.00 out of Acs.73.29 guntas in survey Nos.82 to 86 in favour of one Syed Ahmed Ali (respondent No.1); the said receipt, however, does not contain the boundaries of the said extent of Acs.33.00 guntas; and between 13.08.1990 and 17.12.1990, respondent Nos. 3 and 5 and P.Agam Reddy along with the legal heirs of deceased respondent No.4 jointly sold land admeasuring Acs.72.30 guntas (hereinafter referred to as the subject property), out of Acs.73.29 guntas in survey Nos.82 to 86, though registered sale deeds to one D.Vijay Kumar and M/s.Dharam Resorts and Projects Private Limited (hereinafter referred to as the vendors of the appellants), while respondent No.3 retained land to an extent of Ac.0.39 guntas in survey No.82.