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K. LAKSHMAN
Chatla Sunitha – Appellant
Versus
Yegurla Vijayalaxmi – Respondent
ORDER :
K. Lakshman, J.
Heard Mr. P.V. Krishnamachary, learned counsel for the petitioner - judgment debtor No.2 and Mrs. Manjari S. Ganu, learned counsel for respondent Nos.1 to 3 herein - decree holders. Despite service of notice, there was no representation on behalf of respondent No.4 - judgment debtor No.1.
2. The petitioner herein is arrayed as judgment debtor No.2 in E.P. No.298 of 2019. He was added as per the orders dated 02.08.2022 in E.A. No.203 of 2021, while respondent No.4 is judgment debtor No.1. RespondentNos.1 to 3 are the decree-holders.
FACTS:
3. Originally, respondent Nos.1 to 3 herein filed a suit, vide O.S.No.94 of 2016, for specific performance of agreement of sale, dated 29.04.2013 against respondent No.4 herein contending that respondent No.4 is the owner and possessor of the land admeasuring 4114 square yards in Survey No.53, situated at Karkhanagadda (New Gunj) locality along with two other persons, by name, Mr. Billa Vijayender Reddy and Mr. Kandi Thirupathi Reddy, under a registered sale deed bearing document No.5696 of 2013. Apart from that, respondent No.4 herein is also owner of land admeasuring 430 square yards in the very same survey number along with M
A subsequent purchaser cannot claim rights over property already subject to a decree for specific performance, especially when the purchase occurred after the decree was issued.
Execution of a sale deed based on a compromise decree is enforceable despite claims of limitation, provided there is consistent pursuit of rights through various legal avenues.
A claim petition under CPC must establish legal rights and possession; mere assertions without evidence are insufficient to challenge execution of a decree.
Repeated failure of petitioners to establish rights in execution proceedings justified dismissal of applications for stay and highlighted abusive court practices.
The court emphasized a lenient approach to granting delay in setting aside ex-parte decrees, underscoring natural justice principles when the Defendants were unable to appear due to bereavement.
The court emphasized the limited grounds on which a decree is unexecutable and highlighted that the right of the Decree Holder to obtain relief is determined in accordance with the terms of the decre....
Court neither loses its jurisdiction after grant of decree for specific performance nor it becomes functus officio – If an ancillary or incidental relief is not granted, there would be no value to de....
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