SAI COOPERATIVE HOUSING SOCIETY LD Vs. LAHARI ESTATES

JUDGEMENT

(1.) The present Civil Revision Petition is filed under Section 115 of C.P.C., aggrieved by the order, dated 26.02.2019, passed in E.P.No.71 of 2018 in O.S.No.293 of 1990 on the file of the I-Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, wherein and whereunder the said E.P. filed by the petitioner/D.Hr., to direct the respondents/J.Dr.s to execute registered sale deed in favour of the petitioner/D.Hr., in respect of the E.P. Schedule property, failing which the Court may execute the registered sale deed in favour of the petitioner/D.Hr., and to deliver the physical possession ,was dismissed.

(2.) Brief facts of the case are as under:

(3.) The members of the petitioner/D.Hr society filed O.S.No.293 of 1990 against the respondents/J.Drs., for permanent injunction in respect of land admeasuring Ac.80.00 guntas in Sy.Nos.167 to 179 and part of Sy.No.170 of Batchupally Village. During pendency of the suit, both the parties filed an application for appointment of Arbitrator Sri K.Jawahar, Advocate, to adjudicate upon the issues between the parties in the said suit and that the said Arbitrator has passed an award. On 26.04.1991, the said suit was decreed as per the award of the Arbitrator and thus the petitioner/D.Hr. society is entitled for an extent of Ac.10.00 guntas of land in Sy.No.171 Part and Sy.No.175 Part of Batchupally Village. As per Ex.A8 agreement, the land admeasuring Ac.10.00 guntas will be registered in favour of the petitioner/D.Hr. society. However, the respondents/J.Drs. have executed a registered sale deed vide document No.11044 of 1991, dated 07.11.1991 in respect of land admeasuring Ac.5.00 guntas in Sy.No.175 Part and failed to convey the balance extent of land i.e. Ac.5.00 guntas in Sy.No.171 Part as per the Arbitrator Award. Inspite of issuance of legal notices, dated 11.08.2000 and 11.10.2006, the respondents/J.DR.s, failed to execute the registered sale deed for the remaining extent of land and as such the petitioner/D.Hr. filed O.S.No.136 of 2007 before the Principal District Judge, Ranga Reddy, seeking a direction to the respondents/J.Drs. to execute a registered sale deed in respect of land admeasuring Ac.5.00 guntas in Sy.No.171 Part in compliance of the Arbitration Award passed in O.S.No.293 of 1990. The said suit was decreed on 21.01.2015, holding that the petitioner/D.Hr. ought to have filed E.P. for execution of decree in O.S.No.293 of 1990 and that the plaint was ordered to be returned to be presented before the Court, having jurisdiction to execute the decree in O.S.No.293 of 1990 and as such the petitioner/D.Hr., filed E.P.No.71 of 2018 seeking a direction to the respondents/J.DR.s to execute registered sale deed in favour of the petitioner/D.Hr., in respect of the E.P. Schedule property, failing which the Court may execute the registered sale deed in favour of the petitioner/D.Hr., and to deliver the physical possession. On receipt of notices, respondents/J.Dr.Nos.1 to 5 and 9 to 11 remained ex parte and one K.Francis, learned Counsel filed vakalath on behalf of respondents/J.Dr.Nos.6 to 8, however, no counter has been filed by the respondents and hence the Court below heard the learned Counsel for the petitioner/D.Hr.