BINJUSARIA ISPAT PRIVATE Vs. AMIT KUMAR AGARWAL

JUDGEMENT

(1.) This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed by the petitioner/decree holder, challenging the docket order, dated 15.04.2019, passed in E.A.No.208 of 2015 in E.P.No.137 of 2014 in O.S.No.452 of 2011 by the II Additional District Judge, Ranga Reddy District at L.B.Nagar, whereby, the Court below accepted the request of the respondent Nos.1 to 3 herein/third parties to mark the unregistered agreement of sale, dated 16.11.2013, executed on a Rs.100/- Non-Judicial Stamp Paper agreeing to deliver possession of the suit schedule property at the time of execution of the registered sale deed and directed to list the matter on 04.06.2019 for marking the said document.

(2.) Heard the learned counsel for both the sides and perused the record.

(3.) Initially, the revision petitioner/plaintiff filed the subject suit in O.S.No.452 of 2011 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad, for recovery of a sum of Rs.51,28,750/- with future interest and costs against the respondent Nos.4 & 5 herein and another/defendants. On merits, the said suit was decreed, vide judgment and decree, dated 17.06.2013. Then, the revision petitioner/plaintiff filed E.P.No.137 of 2014 before the Court below seeking a direction for sale of the immovable property of the judgment debtor No.1/respondent No.4 herein bearing Plot No.5/D in Survey No.48, situated at Kattedan Village, Rajendranagar Taluq, Ranga Reddy District, admeasuring 2045 square yards along with a shed admeasuring 2514 square feet, more fully described in the schedule annexed to the said E.P. At that state, the respondent Nos.1 to 3 herein/third parties filed the subject claim petition in E.A.No.208 of 2015 under Order XXI Rules 97, 99 & 101 read with Section 151 of CPC, praying the Court below to allow the claim petition by declaring the decree passed in the subject O.S.No.452 of 2011, which is sought to be enforced by way of subject E.P.No.137 of 2014, as illegal, result of fraud, not executable or enforceable and not binding on the claim petitioners. In the said E.A.No.208 of 2015, the respondent Nos.1 to 3 herein/third parties intended to mark the subject unregistered agreement of sale, dated 16.11.2013, executed on a Rs.100/- Non-Judicial Stamp Paper agreeing to deliver possession of the suit schedule property at the time of execution of the registered sale deed. The Court below, by way of impugned docket order, dated 15.04.2019, permitted the respondent Nos.1 to 3/claim petitioners to mark the said document and directed to list the matter on 04.06.2019 for marking the said document. Aggrieved by the same, the revision petitioner/plaintiff filed this Civil Revision Petition.