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2022 Supreme(AP) 473

R. RAGHUNANDAN RAO
M. Lakshminarayana – Appellant
Versus
A. P. Cooperative Tribunal, Vijayawada – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.S.P. Suresh Kumar.
For the Respondents: K. Raghunatha Reddy, D. Seshasayana Reddy.

ORDER :

1. The petitioner herein had purchased a plot bearing No. 31, admeasuring 5 cents, in survey Nos. 625/1, 625/2, 625/3, 252/7 & 626/8, situated in Rayachoty Grampanchayat, Kadapa District, on 17.10.1989, by way of a registered deed of sale from the 3rd respondent-society. It is the case of the petitioner that he was a member of the 3rd respondent-society and had been allotted this plot on 17.10.1987, much prior to the execution of the deed of sale.

2. In the year 2006, the 2nd respondent approached the 4th respondent-Arbitrator by filing A.R.C. No. 1/2007-08 under Section 61(1) of the Andhra Pradesh Cooperative Societies Act on the ground that the said plot was originally allotted to the 2nd respondent and he should be declared as the owner of the property. The 4th respondent, dismissed this application. Aggrieved by the said order, the 2nd respondent had approached the Cooperative Tribunal, Warangal by way of C.T.A. No. 39 of 2009. The Tribunal after hearing both sides had remanded the matter to the 4th respondent, for fresh adjudication. The 4th respondent took up the case again as A.R.C. No. 2/2010-11 and dismissed the Arbitration Case by an order dated 22.10.2010. The 2nd

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