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RAVI NATH TILHARI, MAHESWARA RAO KUNCHEAM
Konkanala Suryaprakasha Rao (died) – Appellant
Versus
Kampa Bhaskara Rao – Respondent
JUDGMENT
Ravi Nath Tilhari.—Heard Sri P. Rajasekhar, learned counsel, assisted by Smt. Nimmagadda Revathi, learned counsel for the appellants and Sri K. V. Vijay Kumar, learned counsel for the plaintiff/respondents No.3 to 8.
2. The 1st respondent is the original plaintiff/decree holder. Respondents No.3 to 8 are his legal representatives brought on record on the death of the 1st respondent. The 2nd respondent is the defendant/judgment debtor. In spite of service, the 2nd respondent did not enter appearance in the appeal.
3. The appellants are the claim petitioners in E.A.No.42 of 2019 in E.P.No.111 of 2019 filed by the plaintiff/decree holder for execution of the decree passed in O.S.No.16 of 2016 on the file of the VIII Additional District Judge, Prakasam at Ongole (in short ‘learned Court’). The appellants filed the claim petition under Order 21 Rule 97 of Code of Civil Procedure (in short ‘CPC’).
The same was rejected by Order and Decree dated 05.08.2024, against which the present appeal has been filed.
I. Facts:
i) O.S.No.16 of 2016:
4. The plaintiff/1st respondent filed O.S.No.16 of 2016 agaist the 2st respondent/defendant for specific performance of the agreement of sale, da
Civil Procedure Code, 1908 – Order 21 Rules 97, 98 and 101 – Execution of decree – Mutation entry in revenue records does not create title nor has any presumptive value on title, but only enables the....
The main legal point established in the judgment is the limited scope of the High Court's revisional jurisdiction under Section 115 of the CPC, which focuses on the lower court's jurisdiction and not....
(1) Rights of POA Holder – POA Holder cannot execute agreement to sell on behalf of Principal where POA is not irrevocable.(2) Interpretation of Documents (POA) – While construing a document, a reade....
Fraud vitiates all transactions; unregistered agreements do not confer title or interest in property, and judgments obtained through fraud can be quashed by the High Court under Article 227.
In absence of a deed of conveyance no right title or interest in an immoveable property can be transferred
General Power of Attorney ceases upon the death of the principal, invalidating any subsequent sale deeds executed without the consent of all necessary parties.
(1) Rejection of plaint – Suit cannot be dismissed merely on the ground of insufficient Court fee – Law mandates that Plaintiff be afforded opportunity to rectify such deficiency.(2) Agreement to sel....
The agency created in favor of the defendant continued to remain in force even after the death of the principal, and the registered documents carry a presumption that they were genuinely executed.
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