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2012 Supreme(AP) 10

K.G.SHANKAR
Alamdar Astharian – Appellant
Versus
Sheeshmahal Enterpriesed Pvt. Ltd. – Respondent


Advocates appeared:
Dilip Kumar Shirodkar, Counsel for the Petitioner;
Harender Prasad, Counsel for the Respondent No.1.

ORDER :-

The plaintiff filed as No.2214 of 1989 on the file of the 2nd Additional Senior Civil Judge, City Civil Court, Hyderabad for eviction of the defendant who was the tenant in the premises. The suit was decreed. The defendant preferred CCCA No.155 of 1998 questioning the judgment in as No.2214 of 1989. This Court dismissed the appeal. The plaintiff thereafter attempted to execute the decree by lying EP No.51 of 2007.

2. The petitioner came into picture at that stage contending that he has been in occupation of the disputed premises and that the suit was filed by the plaintiff against a wrong person owing to collusion between the plaintiff and the defendant. The third party claimant in fact filed EA No.141 of 2007 as a claim petition. The third party claimant also filed EA No.140 of 2007 for stay of execution of the decree in as No.2214 of 1989 until disposal of EA No.141 of 2007.

3. While things stood thus, the third party claimant filed yet another petition in EA No.151 of 2008 seeking for the stay of the execution of the decree until the disposal of as No.2076 of 2007. (as No.2076 of 2007 on the file of the 2nd Additional Senior Civil Judge, City Civil Court, Hyderabad is a s








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