D NARASIMHA RAO Vs. Y PEDA VENKAIAH

JUDGEMENT

(1.) The 2nd defendant in O.S.No. 17/79 and O.S.No. 61/79 and assignee decree holder in E.P.No. 61/79 is the appellant.

(2.) The decree holder assignor of decree in O.S.No. 312/68, along with the assignee of the decree, that is the appellant, filed a joint application for execution in E.P.No. 61/79 (old No. E.P. 281/77) against the deceased G. Tatayya, judgment debtor, for recovery of possession of the suit properties and arrears of rent. They obtained an order for recovery of possession alleging that the 1st respondent-plaintiff was obstructing the delivery of possession to the appellant. The appellant filed an application in E.A.756/79 for removal of the obstruction while the 1st respondent-plaintiff filed E.A.No. 197/79 under Section 47 of the Code of Civil Procedure. He also filed civil suit in O.S.No. 61/79 for permanent injunction against Smt. Lakshmi Narasamma and the appellant. He also filed a civil suit in O.S.No. 17/79 for specific performance of the agreement of sale, Ex.A-1, dated 25-4-1977, in respect of 'B' Schedule Property and permanent injunction against his vendee (sic. vendor), late Smt. Lakshmi Narasamma and the appellant. All these cases were disposed of by the Principal Subordinate Judge, Guntur, by a common judgment on 22-7-1985. The Principal Subordinate Judge passed decree as prayed for in O.S.17/79 and O.S.61/79 and allowed E.A. 197/79 under Section 47 of the Code of Civil Procedure, but dismissed E.P.No. 61/79 and E.A.No. 756/79 which were filed by the appellant and his assignor, late K. Krishnaiah. The 2nd defendant challenged the judgment, by preferring A.S.NO. 2886/85, passed in O.S.No. 17/79, Transfer A.S.621/87 against the judgment passed in O.S.No. 61/79 and preferred another transfer appeal A.S.No. 622/89 against the judgment passed in E.A.No. 756/79. He also preferred C.R.P.No. 2722/85 against the judgment passed in E.P.No. 61/79 and C.R.P.No. 2766/85 against the judgment passed in E.A.No. 197/79.

(3.) The learned single Judge, through a common judgment, disposed of the above mentioned three appeals and two revision petitions on 20-7-1989. The learned single Judge dismissed all the aforesaid three appeals and both the revision petitions. The 2nd defendant has filed L.P.A.No. 339/89 against the judgment passed in A.S.No. 2886/1985, L.P.A.No. 340/89 against the judgment passed in Tr. A.S. 622/87 and L.P.A.No. 341 / 89 against the judgment passed in Tr.A.S. 621/87. He had also filed special leave to appeal bearing No. 13436/90 and 13437/90 before the Supreme Court, being aggrieved by the judgement passed in C.R.P.No. 2766/85 and 2772/85. On 22-11-1990, the learned Counsel for the petitioner submitted before the Apex Court that, in view of the fact that the L.P.As. were then pending in the High Court on the very questions involved in these matters, the special leave petitions were not pressed without prejudice to their contentions in the L.P.As. The submission was recorded and the special leave petitions were accordingly dismissed as not pressed on the same day, that is on 22-11-1990.