Koushik Mutually Aided Cooperative Housing Society vs Ameena Begum

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1219

B. V. NAGARATHNA, UJJAL BHUYAN
Koushik Mutually Aided Cooperative Housing Society – Appellant
Versus
Ameena Begum – Respondent

Advocates appeared:
For the Petitioner(s): Mr. C. S. Vaidyanathan, Sr. Adv. Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. Vinay P. Tripathi, Adv. Ms. Monalisa Kosaria, Adv. Mr. B. Shravanth Shanker, AOR Mr. B. Yeshwanth Raj, Adv. Mr. Vinayak Goel, Adv. Mr. Nitish Raj, Adv. Ms. Shivani Vij, Adv. Ms. Jhanvi Dubey, Adv.
For the Respondent(s): Mr. Sajan Poovayya, Sr. Adv. Mrs. Sanjanthi Sajan Poovayya, Adv. Mr. Yelamanchili Shiva Santosh Kumar, Adv. Mr. Rudrajit Ghosh, Adv. Mr. Tarun Gupta, AOR

ORDER :

1. Leave granted.

2. Being aggrieved by order dated 08.01.2021 passed by the learned Single Judge of the High Court for the State of Telangana at Hyderabad in Civil Revision Petition No. 4866/2018, this appeal has been preferred.

3. We have heard Sri C. S. Vaidyanathan, learned senior counsel along with Sri Gopal Sankaranarayanan, learned senior counsel for the appellant and Sri Sajan Poovayya, learned senior counsel for the first respondent and perused the material on record. The second respondent has been deleted from the array of parties in terms of this Court’s Order dated 25.04.2023.

4. Briefly stated, the facts are that the appellant herein had filed O.S. No.1144/1988 on the file of the V-Senior Civil Judge, City Civil Court, Hyderabad seeking a decree of specific performance of an agreement to sell dated 26.04.1985. In the said suit, the respondent(s) herein were set ex-parte. Thereafter, an ex-parte decree was passed on 15.02.1999. It is stated that execution proceedings as against the ex-parte decree are still pending before the Executing Court. However, the first respondent herein filed an application on 07.01.2016 seeking setting aside of ex-parte decree dated 15.02.

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2023 Supreme(SC) 1219

B. V. NAGARATHNA, UJJAL BHUYANKoushik Mutually Aided Cooperative Housing Society – AppellantVersusAmeena Begum – Respondent

B. V. NAGARATHNA, UJJAL BHUYAN
Koushik Mutually Aided Cooperative Housing Society – Appellant
Versus
Ameena Begum – Respondent