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2023 Supreme(Telangana) 279

P. NAVEEN RAO, J. SREENIVAS RAO
Sree Durga Estates – Appellant
Versus
J. A. S. Padmaja W/o J. Venkata Ramudu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : V. Ravinder Rao, Sathvik Makunur.
For the Respondents: B. Adinarayana Rao, Srinivas Velgapudi.

JUDGMENT :

SREENIVAS RAO, J.

1. The appellant filed this COMCA No. 35 of 2022 under Section 13 of the Commercial Courts Act, 2015 R/w Section 37 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as ‘the Act, 1996’) aggrieved by the order dated 12-09-2022 passed by the learned Special Judge, for Trial and Disposal of Commercial Disputes Court, Ranga Reddy District at L.B. Nagar in C.O.P. No. 2 of 2022.

2. For the sake of convenience, hereinafter the parties will be referred to as “petitioner” and “respondents” as they were arrayed before the trial Court.

3. That the respondents in COP No. 2 of 2022 are the absolute owners of the land admeasuring to an extent of Ac.5-02 gts in Sy.Nos.128 and 132 situated at Bachupally Village, Quthbullapur Mandal, Ranga Reddy District. Petitioner and respondents have entered into registered Development Agreement-Cum-General Power of Attorney, herein after called as “DAGPA” vide registration No. 6750 of 2017 dated 30.06.2017 in respect of land to an extent of Ac.4.24.8gts for development of the said land into a gated community with independent villas and another development agreement vide registration document No. 6751 of 2017 in respe

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