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2020 Supreme(AP) 718

AKULA VENKATA SESHA SAI, K.SURESH REDDY
Meridian Promoters Pvt. Ltd. – Appellant
Versus
Harini and Co. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :A. Radhakrishna, Advocate
For the Respondent:Sudha Madhuri Govindu, Advocate

JUDGMENT :

Akula Venkata Sesha Sai, J.

1. The plaintiff in O.S. No. 160 of 2019 on the file of the Court of II Additional District Judge, Visakhapatnam is the appellant in this Civil Miscellaneous Appeal, preferred under Order 43 Rule 1 of the Code of Civil Procedure, 1908 (for brevity "CPC).

2. The appellant herein instituted the said suit for recovery of a sum of Rs. 6,45,82,700/- from the 1st defendant/1st respondent herein and for permanent injunction to restrain the defendant Nos. 1 and 2 from selling or otherwise alienating the suit schedule property so long as charge over the same in favour of the plaintiff is in force. The plaint schedule property is an extent of 326.16 square yards or 272.66 square meters of site together with RCC commercial building consisting of entire Cellar floor admeasuring 2400 sft and entire Ground floor admeasuring 2400 sft and entire First floor admeasuring 2400 sft and entire Second floor admeasuring 2400 sft, bearing D. No. 47-1-107, situated at 5th lane, Dwarakanagar, Visakhapatnam.

3. Along with the said suit, the appellant herein also filed I.A. No. 534 of 2019 under the provisions of Order 39 Rules 1 and 2 r/w. 151 CPC praying for an ad interim

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