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IN THE COURT OF THE II ADDL. SENIOR CIVIL JUDGE CUM
ADDITIONAL CHIEF JUDICIAL MAGISTRATE :: MEDCHAL-
MALKAJGIRI DISTRICT, AT KUSHAIGUDA.
PRESENT: SRI. K.SURI KRISHNA, II Addl. Senior Civil Judge-cum- Addl. Chief Judicial Magistrate, at Kushaiguda.
DATED THE 03rd DAY OF NOVEMBER, 2025
IA.No.217 of 2025
IN
OS.No.381 of 2025
BETWEEN:
1.Bhupinder Singh Gill S/o.I.S.Gill Aged about : 72 years, Occ : Retd. Employee
2.Smt.Vidya Gill W/o.Bhupinder Singh Gill Aged about : 72 years, Occ : Retd. Employee
Both are R/o.H.No.1-17-40, Ram Nagar Colony, Alwal under GHMC Alwal Circle, Alwal Mandal, Medchal-Malkajgiri District ….Petitioners/Plaintiffs
A N D
1.M.Rajender Reddy S/o.Yadi Reddy Aged about : 57 years, Occ : Business, R/o.H.No.1-30-503/7, Gayathri Enclave, Subhash Nagar, Trimulgherry Post, Secunderabad
2.S.S.Kishorilal S/o.S.P.Shuklal Aged about : 54 years, Occ : Business, R/o.H.No.1-10-89/3/101, J.J.Nagar Colony, Temple Alwal, Under GHMC Alwal Circle and Mandal, Medchal-Malkajgiri District ….Respondents/Defendants
This petition is coming up for final hearing before the court on 03.11.2025 in the presence of Sri Police Venkat Reddy, learned Counsel for petitioners/plaintiffs, Sri
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S.Prashant Reddy, learned counsel for the respondents/ Defendants and the matter having stood over for consideration till this day, this court made the following:-
ORDER
This petition filed under Order-XXXIX, Rule-1 and 2
R/w.Sec.151 CPC praying this court to grant temporary injunction restraining the respondents and their associates and any other person claiming through them from interfering in petitioner’s possession and enjoyment in and over the petition schedule property till the disposal of the suit.
2.The petitioners/plaintiffs submit that they are the absolute owners of the commercial complex constructed on plot nos.91, 92 and 93 admeasuring 966 Sq. yards situated in Sy.No.191, laid in LP
No.31/1979 Jai Jawahar Nagar Co-operative Housing Society Ltd., under GHMC Alwal circle and Mandal, Medchal-Malkajgiri District.
b)It is submitted by the petitioners/plaintiffs that they have purchased a plot bearing No.91 with premises bearing No.1-16-108/6 and 1-16-108/11 admeasuring 415 Sq. yards through registered sale deed bearing document No.1912 of 1994 dated 13.05.1994, plot bearing No.92 with premises bearing No.1-16-108/4 admeasuring 345
Sq. yards purchased through registered sale deed vide document
No.2420 of 1993 dated 29.05.1993 and plot bearing No.93 with
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premises bearing No.1-16-108/5 admeasuring 206 Sq. yards purchased through registered sale deed document no.1256 of 2006
dated 04.03.2006. After purchasing the above said plots, the
petitioners/plaintiffs have demolished the existing old structures and obtained permission from HUDA and GHMC vide construction permission proceedings No.G1/1748/BA/518/04 dated 06.11.2004 and constructed a building. The petitioners/plaintiffs have also made an application under Building Penalization Scheme (BPS) vide
No.BPS/1413/CR16/NZ/2008 dated 30.04.2008.
c)The petitioners/plaintiffs have entered into a Development
Agreement with respondents/defendants on 04.03.2004 for construction of a building. It is submitted that as per the terms of the above agreement, the respondents/builders have to obtain permission for construction of the building over the above said plots and entire cost of construction shall be borne by the respondents/ builders only and that for obtaining necessary permissions and sanction, the respondents/builders have to spend money. It is submitted that as per the Development Agreement the entire construction shall be completed within 18 months from the date of obtaining permission and the petitioners/plaintiffs are entitled for 40% of the share and respondents/builders are entitled for 60% of the
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share in the constructed area of commercial cum residential complex after completion of the building in all aspects subject to obtaining building completion certificate. Petitioners/plaintiffs submit that the respondents/defendants have not completed the construction till the end of August, 2008 and the petitioners/plaintiffs have issued notice to the respondents/defendants dated 09.09.2008 terminating the
Development Agreement dated 04.03.2004.
d)Petitioners/plaintiffs submitted that after commencing the construction over the above said plots, the respondents/defendants have entered into an Agreement of Sale in respect of their shares with the prospective purchasers and executed written agreement of sale and that after receipt of substantial amounts from the purchasers, the respondents/defendants stopped the construction, as such the purchasers approached the Consumer Forum and filed cases against the respondents/defendants. It is submitted that during the pendency of the Consumer Forum cases before the State Consumer
Forum, the Hon’ble State Consumer Forum appointed an advocate commissioner to note down the status of the construction and the report dated 03.02.2009 was submitted stating that the respondents/ defendants have not completed the construction.
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e)Petitioners/plaintiffs submitted that in order to avoid future complications, the petitioners/plaintiffs and respondents/defendants have come to an understanding as per the agreed terms and conditions, they have to register three floors with whom the respondents/defendants have received the amounts, therefore petitioners/plaintiffs being the owners of the property and respondents/defendants being the developers jointly executed sale deed bearing document No.1616 of 2011 dated 24.05.2011, document bearing No.2490 of 2014 dated 04.07.2014 and document bearing No.2491 of 2014 dated 04.07.2014. Petitioners/plaintiffs submitted that after execution of the above said three documents, the respondents/defendants have handed over all the original title deeds pertaining to the above said plots and since then all the original documents are in the possession of the petitioners/plaintiffs and the above said documents are in the custody of Federal Bank,
Banjara Hills Branch.
f)It is submitted that the respondents/defendants have alienated the entire first floor of the building in favour of Gangadhar
Thamminedi through registered sale deed document no.2490 of 2014
dated 04.07.2014 and also sold the entire fourth floor in favour of
Smt.Krishnakumari Thamminedi through registered sale deed
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document no.2491 of 2014 dated 04.07.2014 and after purchasing the above floors, the purchasers have obtained loan from the then
Andhra Bank and the said properties were mortgaged with the bank.
It is submitted that the purchasers of the 1st and 4th floors have failed to repay the loan amount, the bank initiated proceedings under
Securitization Act. The petitioners/plaintiffs submitted that when the 1st and 4th floors are auctioned by the Debt Recovery Tribunal, then the petitioners/plaintiffs have purchased the entire 1st and 4th floors vide registered sale deed document No.2976 of 2023 dated 31.05.2023 and the bank has handed over the physical possession and documents pertaining to the above said floors to the petitioners/plaintiffs.
g)It is submitted that the respondents/defendants have also sold entire 2nd floor in favour of Veeramalla Satyanarayana and others through sale deed bearing document no.1616 of 2011 dated 24.05.2011 and he in-turn sold entire 2nd floor to the petitioners/ plaintiffs through registered sale deed bearing document no.5358 of 2024 dated 16.10.2024. Hence by virtue of purchasing the entire 1st, 2nd and 4th floors, the petitioners/plaintiffs became the absolute owners of the entire complex known as RK Gill Plaza.
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h)Petitioners/plaintiffs submitted that in the year 2010,
M/s.Narayana Educational Society approached the petitioners/ plaintiffs and requested to let out the petition schedule property to run their college, as such Narayana Educational Society, petitioners/ plaintiffs and respondents/defendants as builders executed a lease deed dated 22.07.2010 in favour of the society. It is submitted that as per the terms of lease deed the 1st and 2nd floors rents will be paid to the respondents/defendants herein and the rents of the 3rd floor will be deposited in the SB Account mentioned in the lease deed and there is a specific condition in the lease deed if any changes in the ownership over the leased property the conditions mentioned in the lease deed will remain same and the rents will be automatically paid to the new owner on the submission of the registered document.
Petitioners/plaintiffs submitted that Narayana Educational Society has deposited the monthly rents in the account of R.K.Constructions which is not party to the lease deed dated 22.07.2010. Petitioners/ plaintiffs submitted that respondents/defendants herein by misrepresenting the facts diverted the rental amount to their firm i.e.,
R.K.Constructions, as such the petitioners/plaintiffs got issued legal notice to Narayana Educational Society for non-receipt of the rental amounts. Inspite of receiving the legal notice, they failed to pay the
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rents, hence the petitioners invoked Arbitration Clause mentioned in the lease deed as such one advocate by name B.S.Kruupavaram, was appointed as sole arbitrator vide Arbitration Case No.001 of 2016 and the respondents/defendants herein are shown as respondent no.3&4.
i)The sole arbitrator passed award on 10.06.2016 directing the Narayana Educational Society and its Secretary and respondents/ defendants herein to pay an amount of Rs.48,80,207/- and
Rs.6,06,903/- towards arrears of rents and Rs.2,23,679/- monthly rents for the 3rd, 5th and 6th floors (6th Floor pent house) as per the lease deed. Petitioners/ plaintiffs submitted that aggrieved by the award passed in arbitration case No.001 of 2016, the respondents/defendants herein filed Arbitration OP No.1111 of 2016
before the Hon’ble District Judge, Medchal-Malkajgiri District to set
aside the arbitration award and the Narayana Educational Society and its Secretary filed Arbitration OP No.1110 of 2016. The Hon’ble
District Judge dismissed the Arbitration OPs and confirmed the award
passed by the sole arbitrator vide order and decree dated 21.01.2025.
j)The petitioners/plaintiffs after receipt of the order and decree in Arbitration OPs, got issued legal notice on 06.03.2025 to
Narayana Educational Society and its Secretary to pay the amount as
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per arbitration award dated 10.06.2016 along with interest @24% per annum. On receipt of the said notice, the respondents/defendants herein started false propaganda stating that the petitioners/plaintiffs have not constructed the building as per the sanction plan accorded by HUDA and HMDA and that the respondents/defendants are entitled for the fifth floor of the building. It is submitted by the petitioners/ plaintiffs that the Development Agreement was terminated on 04.03.2004.
k)Aggrieved by the order and decree passed in Arbitration
OP No.1110 of 2016 M/s.Narayana Educational Society filed appeal
vide CMA No.152 of 2025 before the Hon’ble High Court seeking Stay of operation of the award. The petitioners/plaintiffs submitted that the respondents/defendants herein did not prefer any appeal as such the order and decree passed in Arbitration OP No.1111 of 2016 dated 21.01.2025 became final against the respondents/defendants.
l)It is submitted by the petitioners/plaintiffs that the respondents/defendants lodged a complaint on 27.03.2025 against the petitioners/plaintiffs and the police Alwal asked the petitioners/ plaintiffs to handover the 5th floor to the respondents/defendants herein as per the Development Agreement dated 04.03.2004 and the police also insisted the petitioners/plaintiffs to settle the arbitration
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award case transaction with M/s.Narayana Educational Society and
Respondents/ defendants. Therefore, the petitioners/plaintiffs were constrained to filed Writ petition vide WP No.12098 of 2025 before the Hon’ble High Court and the Hon’ble High court disposed the above writ petition on 22.04.2025 with a direction to the police to conduct necessary investigation in accordance with law.
m)It is submitted that on 01.06.2025 the respondents/ defendants illegally trespassed into the petition schedule property as such the son of petitioners/plaintiffs namely Varun Singh Gill lodged complaint before the police on 02.06.2025 against the respondents/ defendants herein and the police informed the petitioners/plaintiffs that the respondents/defendants have already registered a complaint on 31.01.2025 and case was registered vide FIR No.566 of 2025 against the petitioners/plaintiffs. It is submitted that the respondents/ defendants are insisting for their share in the 5th floor of the petition schedule property and have alienated the 5th floor to third parties and they have displayed a board stating that a Gym is going to be opened shortly in 5th floor.
n)It is submitted that the petitioners/plaintiffs are the owners of the petition schedule property and the relevant documents are mortgaged with Federal Bank, Banjara Hills by submitting the original
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title deeds. The respondents/defendants are creating hurdles with the possession of the petitioners/plaintiffs. Hence filed the petition for grant of temporary injunction restraining the respondents/defendants and their associates and any other person claiming through them from interfering in petitioner’s possession and enjoyment in and over the petition schedule property till the disposal of the suit.
3.In reply the respondent/defendant no.1 filed counter and the same was adopted by respondent/defendant no.2. It is submitted in the counter that the petition is not maintainable in the eye of law and that there is no cause of action and the petitioners/plaintiffs have filed the suit based on falsehood concealing true facts and the relief sought by the petitioners/plaintiffs has no bearing and connection.
b)It is submitted that respondent no.1 and 2 are partners engaged in the business of construction in the name of
M/s.R.R.K.Constructions. It is submitted that in the year 2004 the petitioners/plaintiffs approached the 2nd respondent, made them to believe that they are the owners and possessors of the petition schedule property and asked them to construct the proposed commercial-cum-residential complex. Therefore, the respondents/ defendants entered into Development Agreement with the petitioners /plaintiffs on 04.03.2004 and the landlord shall get 40% share and
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developer shall get 60% share in the said complex and the respondents/defendants paid funds to the petitioners/plaintiffs to obtain building permission from the concerned departments.
c)It is submitted by the respondents/defendants that the documents of the petitioners/plaintiffs were tempered by the petitioners/plaintiffs and this fact came to be known after completing the construction of the complex as per the Development Agreement and jointly sold the 1st, 2nd and 4th floors to the third parties. As such the respondents/defendants questioned about the defective title to the petitioner no.1 and petitioner no.1 confronted that he was holding official position in Jai Jawaharnagar Co-operative housing building society and to fulfill his desire to have a property done some benami transactions in favour, persons belongs to schedule caste and he tampering the extent in the source/mother documents, tempered extent of plot no.91 as 466 Sq. yards (though genuine extent was 266
Sq. yards) and tempered extent of plot no.92 as 346 Sq. yards (though genuine extent was 266 Sq. yards) and coming to plot no.93, without any source/primary documents, he created sale transaction with some third persons with incorrect extent of plot sizes and for plot no.93 with primary source documents. Later got sale deeds in his favour and based on such sham sale deeds, he prepared building plan
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and permission copy. On coming to know the same by the respondents/defendants, they decided to inform the same to the police, but the petitioners/plaintiffs accepted their guilt and pleased the respondents/defendants not to take any legal action as they are government employees and the petitioners/plaintiffs also assured that they shall indemnify the losses and damages incurred by the respondents/defendants as the respondents/defendants could not sell their 60% share due to defects in title. Hence the petitioners/plaintiffs and respondents/defendants decided to rent out 1st, 2nd, 3rd, 4th, 5th floors and pent house to M/s.Narayana Educational Society for running intermediate college w.e.f.July 2010 and the respondents/ defendants will also share rents as per the share in the building and the monthly rents are credited into the M/s.R.R.K.Constructions and later petitioner no.1 used to collect his share of rent from the respondents/defendants by signing receipts.
d)It is submitted that prior to leasing out the building to
M/s.Narayana Educational Society, the 1st, 2nd and 4th floor which fall to the share of M/s.R.R.K.Constructions sold to third parties through petitioners/plaintiffs but due to the defects in title, the proposed purchasers did not pay the balance sale consideration of
Rs.2,15,00,000/-. To cover up the fraud and avoid criminal liability the
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petitioners/plaintiffs purchased 1st, 2nd and 4th floor of the developer share from the banker of third parties in auction and incurred loss of
Rs.2,15,00,000/- to the respondents/defendants.
e)It is submitted that M/s.Narayana Educational Society did not pay the rents timely, the petitioners/plaintiffs invoked arbitration clause and obtained order in their favour concealing the fact before the sole arbitrator that developer is entitled for arrears of rents for their 60% share. Later M/s.Narayana Educational society vacated the premises in the year 2019, since then ground floor, 1st, 2nd, 3rd, 4th floors are occupied by the petitioners/plaintiffs and 5th and 6th floors are occupied by respondents/defendants.
f)It is submitted by the respondents/defendants that the petitioners/plaintiffs behind the back of respondents/defendants are indulged in demolition of 6th floor and threatened to dispossess the respondents/defendants from the 5th floor, as such the respondents/ defendants approached the police and sought them to investigate against the petitioners/plaintiffs. The petitioners/plaintiffs came up with compromise proposal through the commons persons known to them and assured to register the entire 5th floor in favour of
M/s.R.R.K.Constructions i.e., 60% share of builder as per the development agreement and additional 40% towards compensation
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60% share in the 6th floor and the respondents/defendants. In good faith, the respondents/defendants accepted the compromise proposal and asked the petitioners/plaintiffs to reduce the same in writing.
Therefore as per the consensus between the petitioners/plaintiffs and respondents/defendants, the respondents/defendants occupied 40% share of petitioners/plaintiffs in the 5th floor and 2nd respondent holding 60% possession in the 5th floor since the day when building was completed.
g)The petitioners/plaintiffs are habituated to deceive people, indulged in creating document title as deed of declaration in 2021 through a corrupt office bearer of J.J.Nagar Co-opeartive Housing
Building Society to cover up their criminal liability by creating sham documents, obtaining permission through fraudulent means, cheated the respondents/defendants by not giving effect to the compromise and deceitfully filing the above suit claiming absolute ownership and possession over the petition schedule property.
h)It is submitted by the respondents/defendants that the entire 5th floor of the petition schedule property is in the possession of the respondents/defendants by virtue of development agreement, they have installed gates to the said floor and deployed private security persons. So the claim of the petitioners/plaintiffs that entire
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petition schedule property is exclusively owned and possessed by the petitioners/plaintiffs is a blatant lie as such prayed to dismiss the petition.
4.Counsel for the petitioners/plaintiffs got marked Ex.P1 to 26 documents and counsel for the respondents/defendants got marked Ex.R1 to R7 documents. Heard both sides and perused the record.
5.At the stage of arguments, the petitioners/plaintiffs filed a petition U/Sec.151 CPC to reopen the petition and filed additional documents and the same are marked as Ex.P27 to P35 documents.
On notice, the respondents/defendants also filed additional counter and no additional documents are marked on their behalf.
b)It is submitted by the petitioners/plaintiffs that the lease deed filed by the respondents/defendants before the court is filled with the SB Account numbers at clause no.19, the copy that was given to the petitioners/plaintiffs does not contain the account particulars of the respondents/defendants and submit that the
Narayana Educational Society has deposited the rents into the account of R.K.Constructions and not in the respondents/defendants
SB accounts and submitted that R.K.Constructions is not a party to the lease deed dated 22.07.2010.
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c)It is submitted by the petitioners/plaintiffs that, after receipt of the documents, a notice was sent by them to Jayakushi
Security Services on 11.07.2025 and the same was returned with an endorsement as “Insufficient Address” and it is submitted that the notice is sent to the same address as shown in the invoices filed by the respondents/defendants. On verification it came to the knowledge of the petitioners/plaintiffs that no such office is existing in the address given in the invoices by the respondents/defendants. The petitioners/plaintiffs also filed the demand notice issued by the
GHMC, property tax receipts and demand notices. Hence prayed to grant temporary injunction against the respondents/defendants.
6.The respondents/defendants filed their additional counter denying the claim of the petitioners/plaintiffs and submitted that the lease deed filed by the petitioners/plaintiffs is unregistered and that the Development Agreement dated 04.03.2004 was terminated in the year 2008. The legal notice issued to M/s.Jayakushi Security Services by the petitioners/plaintiffs disprove that the petitioners/plaintiffs is in possession of the petition schedule property and it is in the possession of the respondents/defendants and guarded by the private security. Hence prayed to dismiss the petition.
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7. Now the point for consideration is whether the
petitioners/plaintiffs are entitled for temporary injunction
restraining the respondents/defendants and their associates
and any other person claiming through them from interfering
in petitioner’s possession and enjoyment in and over the
petition schedule property till the disposal of the suit?
8.It is the contention of the petitioners/plaintiffs that they are the absolute owners and peaceful possessors of the plot no.91, 92 and 93 admeasuring 966 Sq. yards situated under GHMC, Alwal Circle of Medchal-Malkajgiri District. Ex.P1 to P3 shows that the petitioners/ plaintiffs purchased the above said plots from different land owners long back. The petitioners/plaintiffs further contended that they demolished the old constructions over the above said plots and constructed the new building over the said plots.
b)Subsequently in the year 2004 the petitioners/plaintiffs have entered into a development agreement with respondents/ defendants firm i.e., R.R.K.Constructions for the construction of building and according to the said Development Agreement the landlord is entitled for 40% share, and builders i.e., the respondents/ defendants are entitled to receive 60% of the share. Accordingly the respondents/defendants have taken up the construction work over the above said plots and also obtained permission from HUDA, GHMC
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and according to the said permission they have started constructing i.e., stilt, ground, 5 upper floors and a pent house.
c)According to the Development Agreement the construction of building shall be completed within 18 months, but the respondents/ defendants failed to complete the construction within 18 months. As such the petitioners/plaintiffs have issued a legal notice to the respondents/defendants dated 09.09.2008 terminating the
Development Agreement dated 04.03.2004. The petitioners/plaintiffs further submitted that the respondents/defendants after commencing the construction work have entered into the Agreement of Sale in respect of their shares with prospective purchasers and executed written agreement of sales after receipt of substantial amounts from the purchasers. Since the respondents/defendants stopped construction, the purchasers approached the Consumer Forums and filed cases against the respondents/defendants. The Hon’ble State
Consumer Forum also appointed an advocate commissioner to note down the status of the construction and the said advocate commissioner submitted his report stating that the respondents/ defendants have not completed construction work. The petitioners/ plaintiffs further contended that they are paying property tax regularly to the GHMC and also paying electricity bills time to time.
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Ex.P5 to P13 and Ex.P28 to P33 are the property tax assessment receipts and demand notices pertaining to 5th floor i.e., petition schedule property. Ex.P15 is the representation given by the petitioners/plaintiffs to GHMC for remission of tax for the vacant 5th floor i.e., petition schedule property.
d)The petitioners/plaintiffs submitted that when the purchasers of the 1st and 4th floors have failed to repay the loan amount, the bank initiated the proceedings under SARFAESI Act and the petitioners/plaintiffs purchased the said two floors under auction from Debt Recovery Tribunal. Thereby the petitioners/plaintiffs became the owners of the 1st and 4th floors. In support of the same the petitioners/plaintiffs relied upon the sale certificate marked under
Ex.P23. The sale certificate shows that the entire 1st and 4th floors now became the absolute property of the petitioners/plaintiffs.
e)The petitioners/plaintiffs further contended that the respondents/defendants have sold entire 2nd floor in favour of
V.Satyanarayana and others through registered sale deed and he in turn sold the 2nd floor to the petitioners/plaintiffs through registered sale deed bearing document No.5358 of 2024 under Ex.P24. Hence by virtue of purchasing the entire 1st, 2nd and 4th floors the petitioners/
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plaintiffs became the absolute owners of the entire complex known as
RK Gill Plaza.
f)As per the Development Agreement the petitioners/ plaintiffs are entitled to receive 40% of the share i.e., two floors and respondents/defendants are entitled to receive 60% of the share. Now the petitioners/plaintiffs are the absolute owners and possessors of 1st to 4th floors apart from the 40% share.
g)In the year 2010 M/s.Narayana Educational Society approached the petitioners/plaintiffs and requested to let out the petition schedule property to run their college, as such Narayana
Educational Society, petitioner/plaintiffs and respondents/defendants as builders executed the lease deed Ex.P27 dated 22.07.2010 in favour of the Society. As per the terms of lease deed, the 1st and 2nd floors rents will be paid to the respondents/defendants and the rents of 3rd floor will be deposited in the SB account mentioned in the lease deed and there is a specific condition in the lease deed if any changes in the ownership over the leased property, the conditions mentioned in the lease deed will remain same and the rents will be automatically paid to the new owner on the submission of the registered document.
The petitioners/plaintiffs further contended that Narayana Educational
Society has deposited the monthly rents in the account of
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R.K.Constructions which is not party to the lease deed dated 22.07.2010.
h)The petitioners/plaintiffs submitted that the respondents/ defendants herein by mis-representing the facts diverted the rental amount to their firm i.e., R.K.Constructions. As such the petitioners/ plaintiffs got issued legal notice to Narayana Educational Society.
Inspite of receiving the legal notice they failed to pay the rents, hence the petitioners/plaintiffs invoked arbitration clause mentioned under the lease deed, as such one advocate by name B.S.Kruupavaram was appointed as sole arbitrator vide Arbitration Case No.001 of 2016 and the respondents/defendants herein are shown as respondent no.3 and
4. The sole arbitrator passed award on 10.06.2016 directing Narayana
Educational Society and its secretary and respondents/defendants herein to pay an amount of Rs.48,80,207/- and Rs.6,06,903/- towards arrears of rents and Rs.2,23,679/- monthly rents for 3rd, 5th and 6th (Pent house) floor as per the lease deed.
i)Aggrieved by the said award of arbitration, the respondents/ defendants filed Arbitration OP No.1111 of 2016 before the Hon’ble District Judge, Medchal-Malkajgiri District to set aside the arbitration award and the Narayana Educational Society and its
Secretary filed Arbitration OP No.1110 of 2016. The Hon’ble District
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Judge, Medchal-Malkajgiri District dismissed the Arbitration OPs and
confirmed the award passed by the sole arbitrator vide order and decree dated 21.01.2025 vide Ex.P16. The respondents/defendants did not approach the higher authorities and the orders passed by the
Hon’ble District Judge, Medchal-Malkajgiri District became final.
j)It is an admitted fact that the respondents/defendants have sold out entire 1st and 4th floors to different persons but however due to default of loan, the said floors were again purchased by the petitioners/plaintiffs and obtained sale certificate under Ex.P23 from the concerned bank under SARFAESI Act.
k)The petitioners/plaintiffs contended that, the respondents/ defendants time and again interfering with the peaceful possession and enjoyment of the petitioners/plaintiffs over the 5th floor. On the other hand the respondents/defendants denied the same and contended that as per the Development Agreement the 5th floor will fall to the share of respondents/defendants. The respondents/ defendants did not file any documents to show that they are the real owners of 5th floor. The respondents/defendants have placed a flexi over the main gate of 5th floor and taken some photographs to show that they are maintaining 5th floor and they are the real owners of the same but the respondents/defendants failed to show as to how Ex.R1
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and R2 are relevant to the present case. Mere filing of photographs would not suffice to prove their possession and enjoyment over the 5th floor of the building.
l)It is evidently clear that the 1st and 4th floors were already sold out to different persons by respondents/defendants and 2nd and 3rd floors are in exclusive possession of the petitioners/plaintiffs.
m)At this juncture on considering Ex.P23 i.e., sale certificate it is clear that entire 1st and 4th floors were already sold out to different persons but due to the default of loan, the property was auctioned by the Debt Recovery Tribunal and the petitioners/plaintiffs again purchased those two floors and thereby 1st and 4th floors became absolute property of the petitioners/plaintiffs. Further, the purchaser of 2nd floor by name Veeramalla Satyanarayana and others who purchased the said floor from the respondents/defendants had again sold out the said floor to the petitioner/plaintiffs thereby 2nd floor also became the absolute property of the petitioners/plaintiffs.
n)At this juncture, the petitioners/plaintiffs proved that they are absolute owners and peaceful possessors of 1st to 4th floors by way of documentary evidence. Now the 5th floor alone left for consideration.
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o)The petitioners/plaintiffs also proved that they have entered into the lease agreement with Narayana Educational Society through Ex.P27. And Ex.P5 to P13 and Ex.P28 to P33 the property tax demand notices and receipts are all in favour of the petitioners/ plaintiffs, hence it can be presumed that petitioners/plaintiffs are in possession of the petition schedule property and respondents/ defendants failed to file any document to show that they are in possession of the petition schedule property. Even the legal notice issued by the petitioners/plaintiffs to M/s.Jayakushi Security Services was “returned unserved with an endorsement as insufficient address”. This shows that the receipts filed by the respondents/ defendants under Ex.R4 to R5 are created only to show that the respondents/defendants are in possession of the petition schedule property. Hence petitioners/plaintiffs are able to prove their possession as per the documents under Ex.P5 to P13 and P28 to P33.
Therefore, this court is inclined to grant temporary injunction restraining the respondents/defendants from interfering with the possession of the petitioners/plaintiffs over the petition schedule property.
9. In the result, petition is allowed granting temporary injunction restraining the respondents/defendants from interfering with the
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peaceful possession of the petitioners/plaintiffs over the petition schedule property.
(Dictated to Stenographer, transcribed by her, corrected and pronounced by me in open Court, on this the 03rd day of November, 2025)
II Addl. Senior Civil Judge-cum- Addl. Chief Judicial Magistrate, M.M.District at Kushaiguda.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
FOR PETITIONER FOR RESPONDENTS
-NIL- -NIL-
EXHIBITS MARKED
FOR PETITIONER
Ex.P1 is the CC of sale deed bearing document No.1912 of 1994
dated 13.05.1994 registered in the office of SRO Vallabhnagar
Ex.P2 is the CC of sale deed bearing document No.2420 of 1993
dated 29.05.1993 registered in the office of SRO Vallabhnagar
Ex.P3 is the CC of sale deed bearing document No.1256 of 2006
dated 04.03.2006 registered in the office of SRO Vallabhnagar
Ex.P4 is the copy of letter issued by Federal Bank, Banjara Hills acknowledging the holding of title deed pertaining to suit property
dated 22.05.2025
Ex.P5 is the property tax demand notice issued by GHMC Alwal circle in favour of plaintiffs in respect of suit property dated 24.11.2017
Ex.P6 is the property tax demand notice issued by GHMC Alwal circle in favour of plaintiffs for the year 2017-18 in respect of suit property
dated 24.11.2017
IA No.217 of 2025 in OS No.381 of 202527 of 29
Ex.P7 is the property tax demand notice issued by GHMC Alwal circle in favour of plaintiffs for the year 2024-25 in respect of suit property
dated 24.11.2017
Ex.P8 is the property tax payment receipt issued in the name of plaintiff in respect of suit property dated 31.03.2014
Ex.P9 is the property tax payment receipt issued in the name of plaintiff in respect of suit property dated 29.09.2016
Ex.P10 is the property tax payment receipt issued in the name of plaintiff in respect of suit property dated 31.01.2018
Ex.P11 is the property tax payment receipt issued in the name of plaintiff in respect of suit property dated 30.04.2023
Ex.P12 is the property tax payment receipt issued in the name of plaintiff in respect of suit property dated 30.04.2025
Ex.P13 is the property tax payment receipt issued in the name of plaintiff in respect of suit property dated 20.03.2025
Ex.P14 is the copy of property tax assessment for all floors issued by
GHMC Alwal Circle vide Lr.No.R1-11/262/2013-14
Ex.P15 is the copy of the representation dated 01.04.2024 addressed to the Deputy Commissioner, GHMC Alwal Circle requesting to remission of tax for the vacant 5th floor i.e., suit property
Ex.P16 is the copy of order and decree in Arbitration OP No.1111 of 2016 on the file of the Hon’ble Prl. District Judge, Medchal-Malkajgiri
District
Ex.P17 is the CC of FIR No.566 of 2025 dated 31.05.2025 on the file of
PS Alwal.
Ex.P18 is the copy of acknowledgment dated 02.06.2025 issued by PS
Alwal vide Petition ID No.CYB/ALWAL-SYB/020625/00771 along with copy of complaint
IA No.217 of 2025 in OS No.381 of 202528 of 29
Ex.P19 is the photographs (5 nos.) along with pen drive
Ex.P20 is the CC of registered sale deed bearing document No.1616 of 2011 dated 24.05.2011 registered in the office of SRO,
Vallabhnagar
Ex.P21 is the CC of registered sale deed bearing document No.2490 of 2014 dated 04.07.2014 registered in the office of SRO,
Vallabhnagar
Ex.P22 is the CC of registered sale deed bearing document No.2491 of 2014 dated 24.05.2011 registered in the office of SRO,
Vallabhnagar
Ex.P23 is the copy of sale certificate bearing No.2976 of 2023 dated 31.03.2023 registered in the office of SRO, Vallabhnagar
Ex.P24 is the copy of registered sale deed bearing document No.5358 of 2024 dated 16.10.2024 registered in the office of SRO,
Vallabhnagar
Ex.P25 is the CC of Advocate Commissioner report filed in FA IA
No.2532 of 2008 in FA No.1340 of 2008 on the file of AP State
Consumer Disputes Redressal Commissioner dated 03.02.2009
Ex.P26 is the CC of order in SLP (Civil) No.17330 of 2013 dated 10.05.2013 on the file of Hon’ble Supreme Court of India
Ex.P27 is the original lease deed dated 22.07.2010
Ex.P28 is the original property tax receipts for the years 2014-2015
dated 20.03.2015, 2015-2016 dated 25.02.2016, 2017-2018 dated
29.03.2018, 2020-2021 dated 31.05.2020, 2021-2022 dated 31.05.2021, 2022-2023 dated 30.04.2022
Ex.P29 is the original property tax demand notice issued by GHMC,
Alwal for the year 2024-2025 dated 08.01.2025
Ex.P30 is the original red notice issued by GHMC dated 10.01.2018
IA No.217 of 2025 in OS No.381 of 202529 of 29
Ex.P31 is the original demand bill issued by GHMC dated 08.02.2016
Ex.P32 is the original property tax demand bill for the year 2014-2015 issued by GHMC
Ex.P33 is the original property tax demand bill for the year 2015-2016 issued by GHMC
Ex.P34 is the office copy of the legal notice issued to M/s.Jayakushi
Security Services dated 11.07.2025
Ex.P35 is the returned postal cover and postal receipt.
FOR RESPONDENTS
Ex.R1 is the true copy of sale deed dated 23.08.1982 document
No.1788 of 1982 registered at office Sub-Registrar, Vallabhnagar
Ex.R2 is the true copy of sale deed dated 23.08.1982 document
No.1513 of 1982 registered at office Sub-Registrar, Vallabhnagar
Ex.R3 are the photographs (6 nos.) of suit schedule property along with pen drive.
Ex.R4 is the original invoice dated 01.04.2025 of March Month, issued by Jayakhushi Security Services.
Ex.R5 is the original invoice dated 01.05.2025 of April Month issued by Jayakhushi Security Services.
Ex.R6 is the original invoice dated 01.06.2025 of May Month issued by
Jayakhushi Security Services
Ex.R7 is the original invoice dated 01.07.2025 of June Month issued by Jayakhushi Security Services
II Addl. Senior Civil Judge-cum- Addl. Chief Judicial Magistrate, M.M.District at Kushaiguda.