ORDER:

This Civil Revision Petition is filed under Section 115 CPC challenging the order dated 02.11.2021 petition CF No.6597 filed under Order 21, Rule 97 CPC in E.A.No.106 of 2019 in E.P.No.40 of 2016 in O.S.No.225 of 2012 on the file of the Court of III Additional District Judge, Tirupati.

2. Heard Sri P.Hemachandra, learned counsel for the petitioner and Sri T.V.Jaggi Reddy, learned counsel for R-1.

3. The facts leading to filing of this revision petition are briefly as follows:

The revision petitioner is the claim petitioner and the first respondent is the DHr/plaintiff. The second respondent is the JDr/defendant. The plaintiff filed suit for specific performance of the decree dated 04.02.2014 against the defendant and the suit was decreed for specific performance on 04.02.2014 after the defendant remained ex parte. E.P.No.40 of 2016 was filed by the plaintiff under Order 21, Rule 34 CPC for execution of the registered sale deed. The petition was allowed. The details of the property covered by the decree are as follows:

A-SCHEDULE :

All the piece and parcel of the immovable property in Sy.No.480 situated at Chittoor District, Sri Balaji Registration District – Tirupati sub-District, Tirupati Mandal, Tirupati Town, Municipal 18th ward, Prasanthi Nagar, in all measuring a gross extent of 3012.17 square meters after providing 73.67 square meters gifted by the land owners for formation of road, 3483.5 square yards or 31.351 square feet.

B-SCHEDULE :

Undivided share, right title and interest in the immovable more fully mentioned and described in the schedule A above to an extent of Ac.72.02.

C-SCHEDULE :

The office apartment 30 X 30 feet = 900 square feet (100 square yards) and a store room 10 X 20 feet = 200 feet (22.22 square yards) on the stilt area of 50X 50 = 2500 square feet (277.77 square yards) buil up area of 1100 square feet and non built area of 1400 square feet around total area of 2500 square feet in the multistoried complex known “Sathyam Meadows” constructed at property in Sy.No.480 situated at Chittoor District, Sri Balaji Registration District, Tirupati Sub-District, Tirupati Mandal, Tirupati Town Municipal Area 18th ward Prasanth Nagar inclusive of proportionate share in the common area bounded on :

East : remaining stilt area or ground floor, Shiv Shakthi Kalyana Mandapam houses bearing D.No.18-7-1, 1B, 2, 3, 4& 5.

West : Houses of Sapthagiri Nagar sold by Thakkillapadu Munaswamy Naidu North : a block and my remaining stilt area of ground floor.

South : 40 feet vide i.e., Prasanth Nagar Main road.

In between this 2500 square feet (277.77 square yards) stilt area or ground floor in which constructed office apartment and store room accordingly in approved building plan of B.A.No.258/05/G2, dt: 08-06-2006 by Tirupati Municipality, Tirupati.

When the Amin went to the suit schedule properties for effecting delivery of possession in favour of DHr, the claim petitioner resisted the delivery. Later, the claim petitioner filed petition under Order 21, Rule 97 CPC claiming that the defendant is a developer and entered into a registered joint development agreement with general power of attorney dated 14.09.2006 with the owners R.Venkata Prasad and others to construct and develop apartments in an extent of 3012.17 square meters or 32411 square feet in S.No.480 of Prasanth Nagar Residential area, 18th Ward, Tirupati Municipal Town, Chittoor District. The land owners empowered the developers to develop the land by constructing multi storied building, consisting of cellar, stilt first floor to 5th floor for which the defendant/developer obtained permission from the Tirupati Muncipality vide proceedings in D.Dis No.BA.No.25/G2/2005 dated 08.06.2006 and as per the approved plan the cellar and the stilt floors are parking areas purely kept common for all the purchasers of the flats. The decree holder obtained an ex parte decree in the suit basing on an alleged agreement of sale dated 28.12.2009 as though the defendant executed it. The suit