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Ippagunta Venkata Naga Manoj Kanth & Another v/s Mid Land Infra Tech India Private Limited Rep. by its Managing Director, Dhulipalla Venkata Subbaiah Chowdary & Another


Company & Directors' Information:- K TECH PRIVATE LIMITED [Active] CIN = U25190TN2012PTC084486

Company & Directors' Information:- NAGA LIMITED [Active] CIN = L24246TN1991PLC020409

Company & Directors' Information:- J T L INFRA LIMITED [Active] CIN = L27106CH1991PLC011536

Company & Directors' Information:- D & H INDIA LIMITED [Active] CIN = L28900MH1985PLC035822

Company & Directors' Information:- H N COMPANY INFRA PRIVATE LIMITED [Active] CIN = U45201NL2005PTC007743

Company & Directors' Information:- M TECH INDIA PRIVATE LIMITED [Active] CIN = U30007DL1997PTC087580

Company & Directors' Information:- N A R INFRA PRIVATE LIMITED [Active] CIN = U45209TG2010PTC066556

Company & Directors' Information:- K. TECH (INDIA) LIMITED [Active] CIN = U24222MH2000PLC123695

Company & Directors' Information:- D S P INFRA TECH PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059001

Company & Directors' Information:- T AND T INFRA PRIVATE LIMITED [Active] CIN = U45200PN2012PTC144893

Company & Directors' Information:- S R C INFRA PRIVATE LIMITED [Active] CIN = U45200KA2014PTC073052

Company & Directors' Information:- S G F INFRA PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003837

Company & Directors' Information:- AMP INFRA PRIVATE LIMITED [Active] CIN = U45400DL2014PTC269040

Company & Directors' Information:- A K TECH LTD [Active] CIN = U74899DL1986PLC023700

Company & Directors' Information:- R E INFRA PRIVATE LIMITED [Active] CIN = U74999MH2007PTC175255

Company & Directors' Information:- M Y C INFRA PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055996

Company & Directors' Information:- A R INFRA PRIVATE LIMITED [Active] CIN = U45202AS2008PTC008561

Company & Directors' Information:- R K INFRA(INDIA) PRIVATE LIMITED [Active] CIN = U45201KA2010PTC054009

Company & Directors' Information:- Z-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062582

Company & Directors' Information:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

Company & Directors' Information:- A S INFRA-TECH PRIVATE LIMITED [Strike Off] CIN = U45204MH2005PTC154952

Company & Directors' Information:- E-TECH INDIA PRIVATE LIMITED [Active] CIN = U51101MH2013PTC240790

Company & Directors' Information:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- V & H INFRA PRIVATE LIMITED [Active] CIN = U45203MH2008PTC181787

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- TECH INDIA LIMITED [Active] CIN = U45201AS1995PLC004380

Company & Directors' Information:- S R U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2014PTC065614

Company & Directors' Information:- S G U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2015PTC071682

Company & Directors' Information:- S I TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U32109MH2003PTC140622

Company & Directors' Information:- N. S. INFRA PRIVATE LIMITED [Active] CIN = U45200UP2021PTC142424

Company & Directors' Information:- M G D INFRA PRIVATE LIMITED [Active] CIN = U45400UP2015PTC069886

Company & Directors' Information:- K R D INFRA PRIVATE LIMITED [Active] CIN = U45400TZ2020PTC034945

Company & Directors' Information:- S C TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U45400HR2015PTC055858

Company & Directors' Information:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

Company & Directors' Information:- S B M INFRA PRIVATE LIMITED [Strike Off] CIN = U45201TR2010PTC008299

Company & Directors' Information:- TECH INFRA PRIVATE LIMITED [Active] CIN = U45203JK2003PTC002266

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- R AND D TECH PRIVATE LIMITED [Active] CIN = U33112PN2004PTC018927

Company & Directors' Information:- S INFRA PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201OR2012PTC016064

Company & Directors' Information:- J D C INFRA PRIVATE LIMITED [Strike Off] CIN = U45209HR2012PTC045407

Company & Directors' Information:- S S P L INFRA PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC013469

Company & Directors' Information:- K. V. TECH INDIA PRIVATE LIMITED [Converted to LLP] CIN = U28939MH2008PTC181898

Company & Directors' Information:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- J V R INFRA-TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400TG2011PTC073611

Company & Directors' Information:- V V INFRA PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059111

Company & Directors' Information:- S K E-TECH PRIVATE LIMITED [Strike Off] CIN = U72900WB2011PTC160500

Company & Directors' Information:- D-TECH INDIA PRIVATE LIMITED [Active] CIN = U72900DL2016PTC304389

Company & Directors' Information:- R V G INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2011PTC219732

Company & Directors' Information:- TECH U TECH PRIVATE LIMITED [Active] CIN = U80903KL2020PTC065058

Company & Directors' Information:- S P G N INFRA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096326

Company & Directors' Information:- Y. C. INFRA PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151352

Company & Directors' Information:- J K S INFRA (INDIA) LIMITED [Active] CIN = U45209PB2012PLC036363

Company & Directors' Information:- J S N INFRA (INDIA) LIMITED [Active] CIN = U45400UP2012PLC050189

Company & Directors' Information:- R V J INFRA PRIVATE LIMITED [Active] CIN = U45200DL2013PTC249181

Company & Directors' Information:- J J INFRA INDIA PRIVATE LIMITED [Active] CIN = U45209AP2011PTC078174

Company & Directors' Information:- A R INFRA (INDIA) PRIVATE LIMITED [Active] CIN = U70109MP2007PTC020049

Company & Directors' Information:- V-TECH (INDIA) PRIVATE LIMITED [Active] CIN = U72100MH2000PTC127157

Company & Directors' Information:- B & G INFRA TECH PRIVATE LIMITED [Strike Off] CIN = U45200TN2008PTC066468

Company & Directors' Information:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

Company & Directors' Information:- C-TECH INDIA PRIVATE LIMITED [Strike Off] CIN = U72900DL1995PTC070765

Company & Directors' Information:- T B TECH PRIVATE LIMITED [Strike Off] CIN = U70100DL1986PTC023103

Company & Directors' Information:- M R K INFRA PRIVATE LIMITED [Active] CIN = U45209TG2012PTC080558

Company & Directors' Information:- L G INFRA PRIVATE LIMITED [Strike Off] CIN = U45400TN2014PTC095310

Company & Directors' Information:- V TECH CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC145814

Company & Directors' Information:- R. S. TECH PRIVATE LIMITED [Active] CIN = U45202MH2010PTC207142

Company & Directors' Information:- SUBBAIAH INFRA PRIVATE LIMITED [Active] CIN = U45200TG2017PTC114116

Company & Directors' Information:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

Company & Directors' Information:- E & P INFRA PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC271401

Company & Directors' Information:- T & T INFRA INDIA PRIVATE LIMITED [Strike Off] CIN = U70109DL2015PTC276336

Company & Directors' Information:- K T INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2010PTC199408

Company & Directors' Information:- B S L INFRA-TECH PRIVATE LIMITED [Active] CIN = U74900DL2011PTC224481

Company & Directors' Information:- A 4 INFRA PRIVATE LIMITED [Strike Off] CIN = U70100DL2012PTC233921

Company & Directors' Information:- K & H INFRA PRIVATE LIMITED [Active] CIN = U45209AP2013PTC090417

Company & Directors' Information:- C D E F INFRA PRIVATE LIMITED [Active] CIN = U45200KA2011PTC057888

Company & Directors' Information:- M M D INFRA PRIVATE LIMITED [Strike Off] CIN = U70101GJ2013PTC075444

Company & Directors' Information:- P M D INFRA PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050762

Company & Directors' Information:- M S TECH-INFRA PRIVATE LIMITED [Active] CIN = U28998MH2021PTC353763

Company & Directors' Information:- D AND V TECH PRIVATE LIMITED [Active] CIN = U74999DL2020PTC365773

Company & Directors' Information:- LAND TECH INFRA PRIVATE LIMITED [Strike Off] CIN = U70100MH2008PTC182548

Company & Directors' Information:- V & T INFRA PRIVATE LIMITED [Strike Off] CIN = U70100TG2008PTC061671

    C.R.P. Nos. 843 of 2018

    Decided On, 31 August 2018

    At, High Court of Andhra Pradesh

    By, THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN

    For the petitioners: P.S.P. Suresh Kumar, Advocate. For the Respondents: G.L. Narasimha Rao, Advocate.



Judgment Text


1. Aggrieved by the dismissal of the claim petitions filed under Order XXI Rules 58 and 96 read with Rules 101 and 102 of the Code of Civil Procedure, even at the threshold without numbering the application and without holding an enquiry, the third parties, who set up independent claims, have come up with the above revision petitions.

2. Heard Mr. P.S.P. Suresh Kumar, learned counsel for the petitioners and Mr. Vedula Venkata Ramana, learned senior counsel appearing for the 1st respondent-decree holder.

3. The timeline of events in this batch of cases is sufficient for the disposal of the contentions raised by the learned counsel for the revisions petitioners and hence, it is stated as follows:

(1) the 1st respondent herein entered into an agreement of sales with the 2nd respondent herein on 08-02-2014 and 13-02-2014;

(2) But, by that time the 2nd respondent had already entered into an agreement of sale with the petitioners herein on 27-06-2013 and this fact was suppressed by the 2nd respondent to the 1st respondent;

(3) Despite having a prior agreement of sale, the petitioners kept quiet. However, the 1st respondent filed suits for specific performance.

(4) The suits were decreed on 18-01-2016, 20-01-2016, 24-03-2016 and 06-07-2015 respectively and so far, no notice have been served in any appeal filed by the 2nd respondent herein;

(5) It appears that the petitioners got a sale deed executed in February, 2016 from the 2nd respondent, after one month of the decree and attempted to get it registered. When the Sub-Registrar refused registration, the petitioners came to this court by way of writ petition, secured an order and got the sale deed registered on 30-12-2016.

(6) The 1st respondent, as a decree holder filed E.P.No.80 of 2016. In the said E.P., the petitioners filed a claim petition on the ground that they are third party bona fide purchasers for valuable consideration without notice. The Executing Court rejected the application as not maintainable either under Section 47 or under Order XXI Rule 58 or under Order XXI Rule 96 read with Rules 101 and 102 CPC. Therefore, the petitioners are before this Court.

4. The contention of the learned counsel for the petitioners is that even the third party purchasers, if they are bona fide purchasers for valuable consideration without notice, are entitled to maintain a claim petition and that the Court below was clearly in error in rejecting the application as not maintainable.

5. But I do not think that I need to go into that legal question, in the light of the conclusions that flow out of the timeline of events, which I have given above. The timeline of events show that despite being a prior agreement holder, if that is true, the petitioners did not file any suit for specific performance. The 2nd respondent, who is the agreement vendor, is said to have executed a sale deed in favour of the petitioners, only after suffering a decree for specific performance. In other words, on the date on which the 2nd respondent put his pen on paper to sign sale deeds in favour of the revision petitioners, the 1st respondent was already holding a decree for specific performance.

6. No person can be allowed to defeat the rights of a decree holder, except when he has challenged the decree in the manner known to law. It is not the case of the petitioners that there was an appeal against the decree for specific performance and that there was any stay of exec

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ution. 7. In such circumstances, even if the claim petitions were held to be maintainable, the Executing Court could not come to any other conclusion than the one to which it has come to. Hence, all the Civil Revision Petitions are dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
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