- (1.) Both the aforesaid applications were heard together as the points involved in both the matters are identical. Both these two applications owe their origin to the judgment and order dated 17th March, 2004. This order was passed on settlement being arrived at by and between the plaintiff on the one hand and the defendant Nos. 3 and 4 on the other. In view of the settlement and on the basis of suggestion given to the Court by both the parties this order was passed. In terms of this order the defendant No. 3 being the applicant of G. A. No. 3035 of 2004 was directed to transfer the property at Gagmohan Village, Lower Tank Bund Road, Hyderabad (hereinafter referred to as the said property) to the plaintiff in terms of the agreement dated 7th September, 2000 read with the agreement dated 12th September, 2002 for consideration of Rs. 21.10 crores. The plaintiff is directed to make ready at its own costs the stamp paper and complete all legal formalities required for registration within a period of eight weeks from the date of passing of the order.
(2.) The defendant No. 3 is directed to execute and register the sale deed with appropriate registration office at Hyderabad within a fortnight thereafter. The registration fees and expenses incidental to the registration shall be borne by the plaintiff. In default of defendant No. 3 executing and registering the said sale deed as aforesaid Registrar Original Side is directed to execute and register the said sale deed in the name and on behalf of the defendant No. 3. For the time being it is the complaint of the defendant No. 3 as stated in their application that in spite of doing all things necessary the plaintiff has not performed of its part in terms of the aforesaid order by not making sale deed ready on stamp paper and complete all legal formalities for registration within a period of eight weeks. The plaintiff in violation of the aforesaid direction did not bear and pay the registration fees and expenses incidental to registration. So, the plaintiff has prayed for direction upon the defendant to deposit a sum of Rs. 2,22,1050/- with the Registrar High Court Original Side on account of stamp duty, registration fees and expenses incidental to registration. Further direction that the Registrar High Court Original Side do sign and execute sale deed for the property on behalf of the plaintiff in terms of the said order dated 17th March 2004; direction upon the plaintiff to deposit a sum of Rs. 33.000/- to the petitioner on account of travelling and lodging expenses of the petitioner's representative for registration of the sale deed at Hyderabad; Injunction restraining the plaintiff from withdrawing any money from its bank account without leaving therein a balance of the sum of Rs. 2,22,10,050.13.
(3.) The plaintiff on the other hand has complained against the defendant No. 3 of non-performance in terms of the aforesaid judgment and order, contending that the defendant No.3 has failed to make out marketable title and further to make property free from all encumbrances in terms of the aforesaid judgment and order read with the agreement. It is alleged that the defendant No. 3 has not acquired marketable title of this property by reason of the fact that the compromise order and or decree dated 27th July, 1998 passed in suit being No. 1564 of 1997 in the learned Court of the 7th Junior Civil Judge, City Civil Court, Hyderabad, and further that the suit which was pending at the time of the passing of the aforesaid order for eviction of some of the occupants from a portion of this property admeasuring about 3950 sq. meters has been dismissed and an appeal has been preferred against such dismissal which is still pending. As such until and unless the aforesaid defect is cured the said property cannot be said to be free from all encumbrances. This has been detected after the aforesaid judgment and order dated 17th March of 2004 was passed. These points have also been taken in the affidavit in opposition of the plaintiff in the applications of the defendant No. 3. In this execution application the following reliefs have been asked for. (a) A Receiver be appointed to forthwith take actual possession of the property known as Rose Biscuit Property under T. S. No. 6/01/, 6/02 and 6/03 (A) 55 Gagmohan Village, Mahieerbad Taluk, M No. 1-2-528- 591, Lower Tank Bund Road, Hyderabad, measuring 48.44 acres with boundaries. (b) Receiver be directed to sell the aforesaid property by private treaty or by public auction with an option to the plaintiff/decree holder to bid for the aforesaid property with special confirmation by this Hon'ble Court. (c) The Receiver be directed to hand over sale proceeds to the plaintiff/decree holder in protanto satisfaction of the decree.;