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UDAY UMESH LALIT, INDU MALHOTRA, KRISHNA MURARI
Saketa Vaksana LLP – Appellant
Versus
Kaukutla Sarala – Respondent
Based on the provided legal document, the key points are as follows:
The Supreme Court dismissed the civil appeals filed by the appellants, affirming the division bench of the High Court's order that vacated the temporary injunction restraining the respondents from interfering with the possession of the appellant-developer over the suit property (!) (!) .
The Court emphasized that an injunction cannot be granted against a lawful owner of the property, and since the respondents are the lawful owners, granting such an injunction would cause irreparable loss and hardship to them [judgement_subject].
The Court noted that there are seriously disputed questions of fact, including whether possession of the suit property was handed over to the appellant and whether the appellant paid the full consideration for the entire property (!) (!) .
The Court observed that the interest of the appellant-developer has been sufficiently protected through the interim orders issued by the trial court and the High Court, which restrained the respondents from alienating or creating third-party rights in the suit property until final disposal (!) .
The Court directed that the pending trial, which involves these disputed factual issues, be expedited and disposed of within a year, but did not express any opinion on the merits of the case at this interim stage (!) (!) .
The Court clarified that the observations made are at an interim stage and do not constitute a final adjudication on the merits of the case (!) .
The appellant's offer to deposit a specified amount in court was rejected by the respondents, and the Court noted the serious disputes regarding the consideration paid and possession handed over (!) (!) .
Overall, the Court upheld the principle that lawful ownership rights must be respected and that interim measures should not prejudice the rights of lawful owners, especially when factual disputes remain unresolved [judgement_subject].
Please let me know if you require further analysis or specific legal advice based on this document.
JUDGMENT
INDU MALHOTRA, J.
Leave granted.
1. The present Civil Appeals have been filed by the Appellants to challenge the Interim Orders dated 14.08.2019 passed in I.A. No. 1/2019 and I.A. No. 2/2019 filed in CMA No. 646/2019 by the High Court of Telangana.
2. The factual background is that the Appellant – Developer and the Respondent – Landowners entered into an Agreement of Sale dated 17.11.2017, whereby the Respondents agreed to sell agricultural land comprising of 54 acres 13 guntas situated in Turkapalli Village, Shamirpet Mandal, MedchalMalkajgiri District to the Appellant – Developer. The sale consideration was fixed at Rs. 46,00,000/ per acre.
The land was divided into 5 schedules, and each schedule of land was to be sold to the Appellant – Developer upon payment of the proportionate sale consideration.
Clause 7 of the Agreement dated 17.11.2017 stated that physical possession of the entire land was handed over to the Appellant – Developer on the day of execution of the Agreement.
The Agreement of Sale dated 17.11.2017 was an unregistered document executed on a Stamp Paper of Rs. 100. The Stamp Duty on this Agreement was paid by the Appellant – Developer on 27.08.2018.
3. Out of t
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