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2022 Supreme(SC) 125

M. R. SHAH, SANJIV KHANNA
Sree Surya Developers and Promoters – Appellant
Versus
N. Sailesh Prasad – Respondent


Advocates appeared:
For the Parties: Mr. D. Ramakrishna Reddy, Adv. Mrs. D. Bharathi Reddy, AOR Mr. S. Udaya Kumar Sagar, Adv. Ms. Bina Madhavan, Adv. Mr. Krishna Kumar Singh, Adv. Mr. Tushar Gupta, Adv. For M/s. Lawyer’s Knit & Co, AOR Mr. Santosh Krishnan, AOR Mr. Siddhant Buxy, AOR Mr. B.shravanth Shanker, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 01.10.2019 passed by the High Court for the State of Telangana at Hyderabad in Appeal Suit No. 454 of 2019 by which the High Court has allowed the said appeal preferred by the respondent No. 1 herein-original plaintiff and has quashed and set aside the order passed by the learned II Additional District Judge, Ranga Reddy District dated 02.05.2019 in I.A. No. 108 of 2019 in O.S. No. 537 of 2018 by which the learned Trial Court rejected the plaint under Order 7 Rule 11(d) of the Civil Procedure Code (hereinafter referred to as “CPC”) the original defendants to O.S. No. 537 of 2018 have preferred the present appeals.

2. The facts leading to the present appeals in nutshell are as under:

    2.1 That the suit schedule property was gifted to the respondent No. 1 herein-original plaintiff during his minority by his paternal grandmother (respondent No. 2 herein and original defendant in O.S. No. 537 of 2018) vide registered Gift Deed dated 13.02.2003. That the said Gift Settlement Deed was revoked vide Revocation of Gift Deed dated 10.12.2004 by the grandmother of the respondent No. 1 herein-o

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