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2025 DAILYLAW 1774 (AP)

SYED ALEEM v. P. KARIMUNNISA

AS/544/2025 · 2026-05-06

Balaji Medamalli, Ravi Nath Tilhari

body2025

Judgment text

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1 (RNT,J & BM,J A.S.NO.544 OF 2025) APHC010499572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3572] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI APPEAL SUIT NO: 544/2025 Between: 1. SYED ALEEM, S/O SYED CHAN BASHA, AGED ABOUT 39 YEARS, R/O D.NO.39-8-22, FLAT NO.104.4'H PIOOR, APPLE RESIDENCY - 1, PAIDAYYA STREET, LABBIPETA, VIJAYAWADA-10, N.T.R. DISTRICT. ...APPELLANT AND 1. P KARIMUNNISA, W/O G. NISAR AHMED, AGED ABOUT 65 YEARS, R/O NO.811, USMANPET 1ST STREET, MELVISHARAM- 632509, RANIPETA DISTRICT, TAMILNADU STATE. 2. AKBERUNISA PAKTHINI, W/O TAHIR AHMED, AGED ABOUT 64 YEARS, R/O NO.3, KHIZARABAD 2ND STREET, MELVISHARAM- 632509, RANIPETA DISTRICT, TAMILNADU STATE. 3. RAHIMUNNISA, W/O HASSAN BASHA, AGED ABOUT 60 YEARS, R/O NO. 15, USMANPET 4TH STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 4. ZEHRA JABEEN, W/O RAFEEQ AHMED, AGED ABOUT 55 YEARS. R/O NO.65, JARAYAMA CHETTY STREET VELLORE-632004, VELLORE DISTRICT, TAMILNADU STATE. 5. ABDUL WARIS SAKVAI SALAM, S/O LATE ABDUL SALAM SAKVAI, AGED ABOUT 79 YEARS, R/O NO.31, USMANPET4TH STREET, 2 (RNT,J & BM,J A.S.NO.544 OF 2025) MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 6. NAZEEMA KOWSER, W/O P.M. HIFZUR RAHMAN, AGED ABOUT 53 YEARS, R/O NO. 17/6, T.K.BABU SAHIB STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 7. S NAZEERA KOWSER, W/O ABDUL SALAM, AGED ABOUT 50 YEARS, R/O NO.28/1, MOUIVI SHEIK ADAM SAHIB STREET, RN PALAYAM, VELLORE-632001, VELLORE DISTRICT, TAMILNADU STATE. 8. NASIRA KOWSER, W/O LATE G. MOHAMMED NAYEEM, AGED ABOUT 48 YEARS, R/O NO.3, OTHAVADAI STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 9. SAKVAI RAYEES AHMED, S/O SAKVAI ABDUL WARIS, AGED ABOUT 45 YEARS, R/O NO.6, ISHAQUEPET 1 ST STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 10. S NAHIDA KAWSER, W/O SAKVAI IKHLAS AHMED, AGED ABOUT 43 YEARS, R/O N0.22/A, METTU STREET, MELVISHARAM- 632509, RANIPETA DISTRICT, TAMILNADU STATE. 11. S MUDASIR NADEEM, S/O ABDUL WARIS AGED ABOUT 38 YEARS, R/O NO.31, USMANPET 4TH STREET, MELVISHARAM- 632509, TAMILNADU STATE. 12. MUBASHIR NADEEM SAKVAI, S/O ABDUL WARIS S, AGED ABOUT 38 YEARS, R/O NO.31, USMANPET 4TH STREET, MELVISHARANN-632509, RANIPETA DISTRICT, TAMILNADU STATE. 13. SAKVAI TAHIR AHMED, S/O LATE SAKVAI ABDUL KHADER, AGED ABOUT 74 YEARS, R/O NO.3, KHIZARABAD 2ND STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 14. KHAMRUNNISA S, W/O LATE SHABEER AHMED, AGED ABOUT 67 YEARS, R/O NO.26, ISHAAQUEPET 1ST STREET, 3 (RNT,J & BM,J A.S.NO.544 OF 2025) MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 15. S TANVEER AHMED, S/O LATE SHABEER AHMED, AGED ABOUT 50 YEARS, R./0 NO.26, ISHAAQUEPET 1ST STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 16. S MUTHAHEER AHMED, S/O LATE SHABEER AHMED, AGED ABOUT 49 YEARS, R/O NO.26, ISHAAQUEPET 1ST STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 17. S TAFSEER AHMED, S/O LATE SHABEER AHMED, AGED ABOUT 47 YEARS, R/O NO.26, ISHAAQUEPET 1ST STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 18. SAKVAI SIDDIQUE AHMED, S/O LATE SHABEER AHMED, AGED ABOUT 46 YEARS, R/O NO.26, ISHAAQUEPET 1ST STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 19. MEERA HUSSAIN SAKVAI, S/O LATE SHABEER AHMED, AGED ABOUT 44 YEARS, R/O NO.26, ISHAAQUEPET STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 20. SARA BANU, W/O ZAKIR HUSSAIN, AGED ABOUT 42 YEARS, R/O NO.15, ISHAAQUEPET 1ST STREET, MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. 21. S MOHSEENA BANU, W/O ZAKIR AHMED, AGED ABOUT 39 YEARS, R/O NO.2, JAMEELABAD 3RD STREET, MELVISHARAM- 632509, RANIPETA DISTRICT, TAMILNADU STATE. 22. MUBEENA BANU S, W/O MOHAMMED THAMEEM, AGED ABOUT 34 YEARS, R/O NO.6, AMEENBA STREET, MELVISHARAM- 632509, RANIPETA DISTRICT, TAMILNADU STATE. (DEFENDANTS 1 TO 22 ARE REPRESENTED BY RIZA AHAMMED PAKTHINI I.E., 23RD DEFENDANT) 4 (RNT,J & BM,J A.S.NO.544 OF 2025) 23. RIZA AHAMMED PAKTHINI, S/O LATE MOHAMMED ISMAIL, AGED ABOUT 76 YEARS, R/O D.NO.J 9/4, PAKTHINI HAZI BASHA STREET (P H B), MELVISHARAM-632509, RANIPETA DISTRICT, TAMILNADU STATE. ...RESPONDENT(S): may be pleased to SET ASIDE the Decree and Judgment dt.28-04-2025 passed in O.S.No.123/2024 on the file of Honble VII Additional District Judge at Vijayawada and decree the suit by granting Specific Performance of contract of sale dt.26-02-2025 and pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of 51 (fifty one) days in filing the Appeal against the Decree and Judgment dt.28- 04-2025 passed in O.S.No.123/2024 on the file of Hon’ble VII Additional District Judge at Vijayawada and pass such IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to grant Ad-Interim Injunction restraining the Respondents, their men, agents, legal heirs, representatives from creating any kind of 3rd party interest or alienating in favour of the 3rd parties in respect of the Suit Schedule Property during pendency of the Appeal and pass such Counsel for the Appellant: 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. 2. VARREY VENKATA NAGA VISHNU TEJA The Court made the following: 5 (RNT,J & BM,J A.S.NO.544 OF 2025) JUDGMENT:- (per Hon’ble Sri Justice Ravi Nath Tilhari) This appeal has been filed by the appellant/plaintiff, being aggrieved from the dismissal of his suit filed for specific performance of contract of sale, by judgment and decree dated 28.04.2025 passed in O.S. No.123 of 2024 on the file of the VII Additional District Judge, at Vijayawada. 2. Sri A.Syam Sunder Reddy, learned counsel for the appellant, submits that in view of the memo dated 05.05.2026, the appeal may be dismissed as withdrawn. 3. Recording the same, the Appeal Suit is dismissed as withdrawn. 4. In view of the dismissal of the main appeal, I.A.No.1 of 2025 seeking condonation of delay of 51 days in filing, is also closed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J ____________________ BALAJI MEDAMALLI,J Date : 07.05.2026. RPD. 6 (RNT,J & BM,J A.S.NO.544 OF 2025) 116 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI (DISMISSED AS WITHDRAWN) APPEAL SUIT NO: 544 of 2025 Date: 07.05.2026 RPD.