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2025 Supreme(Telangana) 2149

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
Satla Komuraiah, S/o.Ilaiah, (Died) per Lr. – Appellant
Versus
Bobbala Karunakar Reddy, S/o. Ram Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K. Venumadhav
For the Respondent: M.Ram Mohan Reddy

JUDGMENT :

B.R.MADHUSUDHAN RAO, J.

1. This Memorandum of Appeal is filed under Section 96 r/w Order 41 Rule 1 of Code of Civil Procedure, 1908 (for short ‘CPC’) aggrieved by the judgment and decree in OS.No.107 of 2015, dated 08.10.2018 passed by the Principal District Judge at Karimnagar.

2.1. Appellant No.1 is the sole plaintiff and the respondent is the sole defendant.

2.2. During pendency of the Appeal, appellant No.1 died, his LR is brought on record as appellant No.2.

3.1. Learned counsel for the appellant submits that the judgment passed by the learned trial Court is erroneous in law and against the facts of the case, the Court below without considering the facts, documents and legal position passed the impugned judgment. Appellant No.1-plaintiff filed suit for cancellation of registered sale deed bearing document No.560 of 2015 dated 20.01.2015, as on the date of filing of the suit he was in possession of the suit schedule property and the Court below did not look into the same. As per the recitals of the sale deed (Ex.A4) the value of the property shown is Rs.17,27,000/- but the respondent-defendant has taken a plea that he has purchased the schedule property for Rs.36 Lakhs

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