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2010 Supreme(AP) 166

V.V.S.RAO, B.N.RAO NALLA
Lakshminagar Housing Welfare Association, represented by its Secretary, Paladugu Sambasiva Rao – Appellant
Versus
Syed Sami @ Syed Samiuddin – Respondent


Advocates appeared:
For the Petitioner:V.V.N. Narasimham, V. Venugopala Roa Advocates. For the Respondents:R1 to R3, Srinivasa Roa & R4 & R5, M.S. Ramachandra Rao, Advocates.

JUDGMENT:

(V.V.S. Rao, J.)

The appellant, M/s.Lakshminagar Housing Welfare Association, filed the suit being O.S.No.1978 of 2006 (hereafter, first suit) on the file of the Court of VII Additional Senior Civil Judge, Ranga Reddy District. The suit was filed for cancellation of sale deed dated 22.8.2005 being registered document No.6816 of 2005 with Sub-Registrar, Kukatpally, Ranga Redy District, and consequential permanent injunction restraining defendants in the suit from interfering with peaceful possession and enjoyment of suit schedule property by the Association. The said Association also filed O.S.No.1986 of 2006 (hereafter, second suit) before the same Court, seeking decree to cancel registered sale deed dated 22.8.2005 being registered document No.6815 of 2005 with Sub-Registrar, Kukatpally, Ranga Reddy District, and consequential perpetual injunction against defendants therein. Defendants in the first suit filed I.A.No.88 of 2008 under Order VII Rule 10 of the Code of Civil Procedure 1908 (CPC) to return plaint for presentation before jurisdictional Court. The same was allowed and the Court below directed return of plaint for presentation before proper Court and the Associa



































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