SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(AP) 653

M.SATYANARAYANA MURTHY
Patnayakuni Kodandaram – Appellant
Versus
Kolati Dhanalakshmi – Respondent


Advocates Appeared:
For the Appellant : A.S.C. Bose
For the Respondent: B.V. Rama Rao

ORDER :

M. Satyanarayana Murthy, J.

1. The civil revision petition is filed under Article 227 of the Constitution of India, challenging the order dated 18.03.2014 passed in I.A. No. 310 of 2012 in O.S. No. 252 of 2012 by the III Additional Senior Civil Judge, Kakinada, whereby the petition filed under Order I Rule 8 of Code of Civil Procedure (for short "C.P.C.") to sue in representative capacity i.e. representing General Body of Creditors against the respondents, was dismissed.

2. The petitioner filed suit O.S. No. 252 of 2012 to declare the alienations made by respondent No. 1 in favour of respondent Nos. 2 and 3 by registered sale deed dated 12.05.2011 is void and not binding on the plaintiff as well as other creditors of respondent No. 1 as it is fictitious, nominal, sham and devoid of lawful consideration. In the alternative, to declare that the alienations made by respondent No. 1 in favour of respondent Nos. 2 and 3, described in the schedule attached to the plaint are not binding on the plaintiff and other creditors of respondent No. 1 as it is made with an intent to defeat the lawful creditors of respondent No. 1 including the petitioner/plaintiff.

3. The petitioner/plaintiff

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top