Smt. Dittakavi Satyavathi , Vaddadi Satyavathi v. Sri Dittakavi Joga Rao And 2 Others

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE G.SHYAM PRASAD Date:27.9.2016 Between:

Dittakavi Satyavathi @ Vaddadi Satyavathi, W/o Vaddadi V.Bhaskar ..... Petitioner And:

Dittakavi Joga Rao, S/o Late D.Suryanarayana and two others.

....Respondents Counsel for the petitioner: Mrs. D.Satyavathi Party-in-person Counsel for the respondents: Mr. K.Sarvabhouma Rao The Court made the following:

CVNR, J & GSP, J Dt:27.9.2016 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Civil Miscellaneous Appeal arises out of order, dated 09.03.2015, in I.A.No.2212 of 2014 in O.S.No.720 of 2014 on the file of the learned VII Additional District Judge, (Fast Track Court), Visakhapatnam, whereby he has dismissed the said I.A. filed for interim injunction restraining the respondents from dealing with plaint 'A' and 'B' schedule properties by creating charge, mortgage or alienating the same pending the suit. On the initiative taken by this Court, Mr. K.Sarvabhouma Rao, learned counsel for the respondents fairly submitted that his clients would not sell the suit schedule properties which fell to their share.

He has further submitted that items 11 and 12 of plaint 'A' schedule properties were given for development to a third party, who filed CMAMP.No.686 of 2016 for his impleadment and that 12 flats were built, out of which, 8 flats fell to the share of the said developer. Learned counsel has further submitted that certain items of plaint schedule properties were sold by the respondents prior to the filing of the suit and that whatever properties that are unsold as of now will not be sold by the respondents pending the suit.

CVNR, J & GSP, J Dt:27.9.2016 (1) The third party developer is entitled to sell the eight flats constructed over items 10 and 11 of plaint 'A' schedule properties which fell to his share; and (2) The respondents shall not sell or create any third party interests over the remaining properties which have remained unsold as of now.

As a sequel to disposal of the Civil Miscellaneous Appeal, CMAMP.Nos.141, 574, 686, 1031 and 1328 of 2016 stand disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________ JUSTICE G.SHYAM PRASAD 27th September 2016 DR