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2024 Supreme(Online)(TEL) 23915

HIGH COURT OF TELANGANA
T. MADHAVI DEVI, J
Kandikatla Chandraiah – Appellant
Versus
Kandikatla Nageswara Rao – Respondent


ORDER:

This Civil Revision Petition has been filed against the orders dated 02.05.2024 in I.A.No.155 of 2020 in O.S.No.91 of 2014 on the file of the Junior Civil Judge-cum-Judicial Magistrate of First Class at Huzurnagar.

2. Brief facts leading to the filing of the present Civil Revision Petition are that the petitioner in I.A.No.155 of 2020 is defendant No.1 in the suit. The suit was filed by the plaintiff/respondent for perpetual injunction against the defendants No.1 to 3 on the basis of an unregistered agreement of sale dated 05.02.2013. The defendant No.1 has filed his written statement denying the contention of the plaintiff that the agreement of sale dated 05.02.2013 has to be treated as a sale deed. The defendant has raised a specific plea that the plaintiff cannot file a suit for perpetual injunction without filing a suit for specific performance of contract against the alleged vendor and that any sale deed which is executed on insufficient stamp paper and which is not registered is inadmissible as evidence. It was stated that the plaintiff is not entitled to claim ownership on the basis of an inadmissible document in respect of the alleged plaint schedule house and that th

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