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2013 Supreme(AP) 427

L.NARASIMHA REDDY, S.V.BHATT
Commissioner & Special Officer, MCH, Hyderabad – Appellant
Versus
C. Sreeramulu – Respondent


Advocates Appeared:
For the Appellant:Mrs. A. Deepthi, Advocate.
For The Respondents:P. Satyarajababu, Advocate.

Judgment :

L. Narasimha Reddy, J.

Defendants 1 and 2 in O.S.No.403 of 1997 on the file of the III Senior Civil Judge, City Civil Court, Secunderabad are the appellants. The deceased 1st respondent (sole plaintiff) filed the suit claiming a sum of Rs.6,24,277/-as compensation for the land admeasuring 162.15 square yards, situated at Lalapet, Secunderabad with the boundaries mentioned therein and for a sum of Rs.45,000/-towards damages. A further prayer was made to declare that the document, dated 26.02.1996, insofar as it recorded the alleged undertaking of the 1st respondent, as unenforceable and nonest in law.

For the sake of convenience, the parties are referred to as arrayed in the suit.

The plaintiff is the owner of the premises bearing No.12-14-23, Lalapet, Secunderabad. He submitted an application way back in the year 1987 for permission, to construct a house. After prolonged correspondence, the defendants rejected the application through order, dated 01.02.1986, by citing certain reasons. By that time, a proposal was existing for construction of a road over bridge in the area connecting Moulali and Tarnaka. The site of the plaintiff abuts the proposed road over bridge.

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