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2008 Supreme(AP) 733

G.V.SEETHAPATHY
K. Venkata Swamy – Appellant
Versus
Sakina Bee – Respondent


Advocates Appeared:
Mr. K. Venkatesh Gupta, Counsel for the Petitioners.
Mr. B.V. Bakshi, Counsel for Respondent Nos.1 and 2.
None appeared for Respondent NO.3.

ORDER

This civil revision petition is directed against the order dated 4-7-2007 in I.A. NO.229 of 2007 in O.S. No 41 of 2005, on the file of the Senior Civil Judge, Gadwal, wherein the application, filed by respondents/ defendants under Section 10 CPC, was allowed and further proceedings in O.S. No.41 of 2005 were stayed till the disposal of O.S. NO.16 of 2005.

2. Heard both sides. Perused the records.

3. The revision petitioners are plaintiffs in O.S. No.41 of 2005, filed for declaration that they are the absolute owners of the plaint schedule property and for recovery of possession. The respondents herein previously instituted O.S. NO.16 of 2005 for declaration that the registered sale deeds executed by the petitioners herein are inoperative.

4. It is not disputed that both the suits are between the same parties and in the same Court and relate to the same property. The earlier suit O.S. NO.16 of 2005 is for cancellation of the sale deeds and the subsequent suit O.S. No.41 of 2005 is for declaration of title and for recovery of possession in respect of the same property. In fact, the subsequent suit for declaration and recovery of possession i.e., O.S. No.41 of 2005 is more comprehen








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