G.Abhinay v. G.Madhukar

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.1 9 9 0 OF 2 0 1 9 ORDER:

This revision, under Article 227 of the Constitution of India, is filed by the petitioners/ plaintiffs aggrieved by the order dated 18.06.2019 passed in I.A.No.1106 of 2018 in O.S.No.1902 of 2016 by the II Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar.

2.

Heard the learned counsel for the revision petitioners and perused the record.

3.

Learned counsel for the revision petitioners would contend that the Court below ought to have directed respondent No.1 to deposit the sale consideration of Rs.16,00,000/ - and also monthly rent of Rs.50,000/ - before the Court below till the disposal of the subject suit. It is further contended that respondent No.1 has erroneously cancelled the gift deed on 27.04.2016 and sold the suit schedule property to respondent No.2, which is illegal and ultimately prayed to set aside the impugned order and allow the I.A. as prayed for. 4.

As seen from the material placed on record, though the suit is filed for declaration to declare the revocation of gift deed dated 27.04.2016 and subsequent registered sale deed dated 27.04.2016 as null and void, there are serious disputes with regard to the entitlement of the suit schedule property, which has to be adjudicated after due trial. During pendency of the subject suit, in the given circumstances, no relief as sought for

can be granted in favour of the revision petitioners. The Court below had rightly passed the impugned order assigning valid reasons. There is no illegality or infirmity in the order under challenge. Therefore, the revision petition is devoid of merit and is liable to be dismissed.

5.

In the result, the Civil Revision Petition is dismissed at the admission stage. No order as to costs.

The Miscellaneous Petitions, if any, pending shall stand closed.

_____________________ Dr . SHAMEEM AKTHER, J Date: 16.09.2019 ssp