N Sudhkar Reddy v. N Urmila Devi

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice T.Amarnath Goud C.M.A.No.1040 of 2018 Date: 28.11.2018 Between:

N.Sudhakar Reddy ....Appellant And:

Smt.N.Urmila Devi and 47 others ....Respondents Counsel for the Appellant:

Mr.Rajesh Maddy Counsel for the respondent:

Mr.Venkata Reddy Donthireddy The Court made the following:

CVNR, J & TA, J CMA.No.1040 of 2018 Dt: 28.11.2018 Judgment: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Civil Miscellaneous Appeal (CMA) is filed against Order, dated 18-01-2018, in IA.No.431 of 2017 in OS.No.527 of 2017 on the file of the XIV Additional District and Sessions Judge, Ranga Reddy District at L.B.Nagar.

At the hearing, Mr.Donthireddy Venkata Reddy, learned Counsel for respondent Nos.44 to 46, on instructions, submitted that his clients have already raised constructions and sold the subject property to third parties, who are 200 in number, and that an application for their impleadment, filed by the appellant, is pending before the lower Court. Mr.Rajesh Maddy, learned Counsel for the appellant, did not dispute the above submission.

Inasmuch as respondent Nos.44 to 46 have already raised constructions, the prayer in IA.No.431 of 2017 filed by the appellant before the lower Court has become infructuous. Hence, the CMA is dismissed as infructuous, however, with the observation that the constructions made by respondent Nos.44 to 46 shall be subject to the result of the suit.

As a sequel to dismissal of the CMA, IA.No.2 of 2018, filed by the appellant for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) ___________________ (T.Amarnath Goud, J) Dt: 28th November, 2018 lur