Kandi Ravinder Reddy v. M/s. ARSL Promoters and Developers,

Court: High Court for State of Telangana

Bench: MOUSHUMI BHATTACHARYA,GADI PRAVEEN KUMAR

Judgment date: 2026-04-23

Case summary

High Court for State of Telangana judgment dated 2026-04-23. Kandi Ravinder Reddy v. M/s. ARSL Promoters and Developers,. Read the judgment and case details...

Judgment text

[ 3491 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HONOURABLE SRI JUSTICE GADI PRAVEEN KUMAR CIVIL MISCELLANEOUS APPEAL No: 155 ot 2026 Appeal Under Order XLlll, Rule 1 of CPC aggrieved by the docket order dated 31-03-2026 in l. A. No. SS of 2026 in O. S. No. S of 2023 on the file of the Principal District Judge, Jangaon. Between: '1 . Kandi Ravinder Reddy, s/o. Sanjeeva Reddy, aged about 53 years, occ. Business, rlo. H. No. 1-8-432, Nakshatra Homes, Balasamudram, Hanamkonda. 2. Kandi Suvarna Reddy, Wo. Ravinder Reddy, aged about 44 years, occ. Homemaker, o. H. No. 1-8432, Nakshatra Homes, Balasamudram, Hanamkonda. 3. Kandi Rajender Reddy, s/o. Sanjee',a Reddy, aged about 47 years, occ. Business, rlo. H. No. 1-8-432, Nakshatra Homes, Balasamudram, Hanamkonda. 4. Kandi Srinivas Reddy, s/o. Sanjeeva Reddy, aged about 45 years, occ.

Business, rlo. H. No. 1-8-432, Nakshatra Homes, Balasamudram, Hanamkonda. 5. M/s. Janahitha Developers, Rep. by its Managing Partners, i) Kandi Srinivas Reddy s/o. Sanjeeva Reddy, Aged about 44 years, occ. Business, r/o. H. No. 1-8-432, Nakshatra Homes, Balasamudram, Hanamkonda. ii). Ivlettu Jayadeep Reddy s/o. Narasimha Reddy, aged about 35 years, occ. Business, r/o. H. No. 6-1, Reddypalem, Mogilicherla Desaipet, Warangal. ... Appellants / Petitioners / Defendants AND M/s. ARSL Promoters and Developers,, Rep. by its Managing Partner, S. Anjan Reddy S/o. Late S. Laxma Reddy, Aged 59 years, occ. Business, r/o. H. No. 37-1 8/3/2, Defence Colony, Sainipuri, Secunderabad. ... Respondent / RespondenU Plaintiff t. A. NO: 10F 2026 Petition under Section 151 of CpC praying that in the circumstances stated in the affidavit fired in support of the petitiori, iri" iigh b"r. t may be preased to qrant stay^of the impusned order dated si_oo-2026 in ii. r. r" ss ;iro;;tl'iii.

*o" Eb 2023 on the fire of the principar g]stri. t-Lrog";s c"rn ,t Jangaon to the extent "r imposing condition of of deoosit of 50% of Oecietaf ,rornt accrued upto date with a to withdraw t" ,rornt' *ilnort nrins ,. il,. itv,'p*iirn Il'#r. ji"i[J3ill- -v Counsel for the Appellants: SRt NADIPALLY ANANDA RAO Counsel for the Respondent: The Court made the following: JUDGMENT HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR C. M. A. No. 155 OF 2o26 DATE:23. o4. 2o26 Between: Kandi Ravinder Reddy and 5 others Appellan ts And M / s. ARSL Promotcrs and Dcvelopcrs, Represented by its Managing l)artncr, De [ence Colony, Sainikpuri, Secunderabad .. . Respondent Mr Nadrpally Ananda Rao, learned counsel appcaring for the appcllants JUDGMENT: (Per Hon'ble Justice Moushumi Bhattacharya) 1. The present Ci'ril Miscellaneous Appeal arises out of a docket order datcd 3L. O3.

2026 passcd by the learned principal District Judge at Jangaon (Trial Court') in l. A. No. 55 ot 2026 in O. S. No. S of 2023, whereby the learned Trial Court allowed the I. A hled by the appellants/ d efendants in a Suit for recovery of money, subject to the appellarrLs depositing 5O,/o of thc decreta] . _ _- rat -- MD,J & GPK,. 1 cMA 155 2026 amount accrued till date i. e. , till date, with a liberty to the plaintiif to u'ithdra. u. the amounts ',\,ithout furnishing an1' securr tv 2. Prima u e do not lind any error in the impugned . fcLcie, docket order dated :\1 . O3. 2026 3. The learned lrial Court, in O. S. No. 5 of 2023, partll' decreed the Suit in favour of . the respondent/ plaintiff on 19. 11 . 2025. The Decree records that the appellants/ defendants \'vere set ex parle o1r account of thc appellants' failure to file a Written Statement rvithin the prescribed time. Thereafter, the appellants filed I. A. No. 55 of 2O26 in O. S. No.

5 of 2023 under Order IX Rulr: I 3 ol- TI-rc Code of Civil Procedurc, 1908, seeking to set aside the er. pafte decree. Paragraph 3 of the alfidavit filed in the sard I. r\. contains explanations for the appeliants' failure to file the Written Statement within the statutory time frame. The learned Trial Court allowed the said I. A. subject to the appellarts depositing 5O% of the decretal amount accrued till date. 4. The relevant portion of the Decree dated 19 . 11 . 2025 records that the Suit r. r,as partly decreed directing to refund a MD,J &, GPK,J cMA 155 2026 sum of Rs. 4,O0,OO,OOO/- (Rupees Four Crores only), along with the interest at 24o/o per annum from the date of filing the Suit till the date of passing the decree and thereafter at 60/o per annum till realization of the said amount. However. the learned Trial Court declined the plaintifls claim for damages of Rs.

1,00,00,000/ - ( Rupees One Crore only) on the ground that the plaintiff failed to prove any loss incurred on account of non performance of the contract. 5. Learned counsel appearing for the appellants inlorms the Court that the decretal amount, a-long with accrued interest, presently amounts to Rs. 5,00,00,000/ - (Rupees Five Crores on11,) approximately 6. Upon hearing the submissions of learned counsel and considering the fact that the appellants/ defendants were ready to file their Written Statement prior to the passing of the decree, we deem it fit to dispose of the Appeal by directing the appellants defendarts to deposit a sum of Rs. 1,50,00,000/- / (One Crore Fifty Lakhs only) by 04. 05. 2026. It is made clear that we are not inclined to interfere with any other directions contained in the impugned docket order \qlei1 l MB,J & CPK,] -onIA 155 2426 of 2026, along with all other connected 7. C. M. A. No. 155 disposcd of in terms of the apphcatrons.

is accc,rdinglv above There shall bc no ortler as to costs SD/- M. MANJULA JOINT REGISTRAR //TRUE COPYII s CTION OFFICER To, 1 The Principal District Judge, Jangaon 2 One CC to Sri Nadipally Ananda Rao, Advocate IOPUC] J Two CD Copies ABK/KA I HIGH COURT DATED: 2310412026 7 STAT 1HE € a-,4 '7 -2 c . , lltN ilM () )s JUDGMENT * * CMA. No. 155 ot 2026 -s DISPOSING OF THE CMA WITHOUT COSTS YL

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