HIGH COURT OF ANDHRA PRADESH
RAVI NATH TILHARI, BALAJI MEDAMALLI, JJ.
M/s. GGR Housing India Private Limited, Rep. by its Authorized Signatory Mrs. G. Sunitha and Others – Petitioners
Versus
Navaratna Estates, Visakhapatnam, Rep. by its Managing Partner Mr. Suresh Kumar Jain and Another – Respondents
Civil Revision Petition No. 578 of 2026
Decided On : 07-05-2026
JUDGMENT :
Ravi Nath Tilhari, J.
Heard Sri S. V. S. S. Siva Ram, learned counsel for the petitioners and Sri N. Subbarao, learned Senior Advocate, assisted by Sri V. Dushyanth Reddy, learned counsel for the respondents.
2. The present civil revision petition under Article 227 of the Constitution of India has been filed by M/s.GGR Housing India Private Limited, (Petitioner No.1, a Company registered under the Companies Act, 1956), M/s. GGR Infra Developers Private Limited, (Petitioner No.2, a Company registered under the Companies Act, 2013) and GGR Infra Priavate Limited (Petitioner No.3, a Company registered under the Companies Act, 2013), challenging the Order dated 04.02.2026 passed in I.A.No.271 of 2025 in C.O.S.No.11 of 2022 (in short 'COS') on the file of the learned Court of the Special Judge for Trial and Disposal of Commercial Disputes, Visakhapatnam (in short 'the Special Judge'). The COS was filed by the petitioners being plaintiffs against the defendants No.1 & 2, the present respondents. I.A.No.271 of 2025 was filed by the petitioners under Order XI Rule 1 (5) of the Code of Civil Procedure (in short 'CPC'), as amended by the Commercial Courts Act, 2015 (in short 'Act 2015'), seeking leave to receive the documents as mentioned in the list annexed to the I.A.
I. Facts:
3. The petitioners had filed COS for specific performance of an oral agreement dated 28.09.2015 to direct the 1st defendant to execute the sale deed in favour of the plaintiffs in respect of plaint-A schedule property and also to direct the 2nd defendant to execute the sale deed in favour of the plaintiffs in respect of plaint-B schedule property. They also claimed costs of the suit.
4. In COS, I.A.No.347 of 2024 was filed for amendment of the pleadings which was allowed and incorporating the proposed amendment, the amended plaint was filed on 04.08.2025, to which, additional written statement was filed by the defendants on 25.08.2025.
5. In the prayer clause after amendment reads as under:
"VII. PRAYER: (amended as per orders in IA 347/2024 dt.21-07-2025)
The plaintiffs therefore pray the Honorable Court, in the interest of justice, be pleased to pass a Decree and Judgment in favor of the plaintiffs‘ and against the defendants'
a) For granting specific performance of the oral agreement dt:28-09-2025 with regard to the plaint schedule-A property by directing the 1st defendant to execute and register a regular sale deed/s in respect of the plaint schedule-A property in favour of the plaintiffs or its nominees within the time frame fixed by the Honourable Court failing which the Honourable Court may be pleased to execute the same in favour of the plaintiffs or its nominees after declaring the termination notice dated 06-06-2022 issued on behalf of the defendants as null, void, illegal and not binding on the plaintiffs.
b) For granting specific performance of the oral agreement dt:29-09-2015 with regard to the plaint schedule-B property by directing the 2nd defendant to execute and register a regular sale deed/s in respect of the plaint schedule-B property in favour of the plaintiffs or its nominees within the time frame fixed by the Honourable Court failing which the Honourable Court may be pleased to execute the same in favour of the plaintiffs or its nominees after declaring the termination notice dated 06-6-2022 issued on behalf of the defendants as null, void, illegal and not binding on the plaintiff.
c) Or in the alternative if for any reason the Hon‘ble Court comes to conclusion that specific performance is not possible to be granted as prayed in para (a) and (b), with respect to the suit schedule "A" and "B" properties, the Hon‘ble Court be pleased to direct the defendants to refund a sum of Rs.36,22,05,315.00 (Rupees Thirty-Six Crore Twenty-Two Lakhs Five Thousand Three Hundred and Fifteen only) along with subsequent interest at 24% per annum from the date of filing of suit for suit schedule "A" and "B" property.
d) For grant of such other and further relie
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