HYDERABAD: Justice Ch Sumalatha of the Telangana High Court on Wednesday, while dismissing a revision petition, said that if an ancillary or incidental remedy is not provided following the award of a decree for a particular performance, the Court’s decision in the matter will have no effect and that the court’s sale document would lose its significance.
In such cases, the High Court judge said, the civil courts could issue such incidental or subsidiary reliefs as would finally add integrity to the decisions and orders enacted by them.The judge said that the order issued by the Court of I Additional Senior Civil Judge, Ranga Reddy district at LB Nagar, ordering delivery of possession of a property to the respondents/decree holders by dismantling the illegal structures already raised by the revision petitioner is entirely justifiable. The judge said that HC has denied the revision petition and the court’s interim stay has been revoked.
Respondents P Dayanand Reddy and others filed a suit in 1996 before I Additional Senior Civil Judge, Ranga Reddy District at LB Nagar against revision petitioner K Satyanarayana Reddy for specific performance of a sale deed agreement dated November 22, 1995, in respect of the land in Survey No.283 of Ankushapur Village, Ghatkesar Mandal, RR district, measuring 4.29 acres.
The suit was decreed, and the decree holders were instructed to execute a sale deed in their favour after receiving the rest of the selling amount. The decree holders filed an execution petition in which they asked the Court to order the execution of a registered sale deed in their favour. Because the revision petitioner failed to complete the sale deed, the court executed the registered sale deed in favour of the decree holders. The decree holders filed an application for property possession.
K Satyanarayana Reddy filed the civil revision petition in response to the stated decree. After hearing both parties, the High Court confirmed the Civil Court’s orders and dismissed the revision petition.