IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

APPEAL No. 116 OF 2016

IN

S.A.No. 166 OF 2005

(DRT, HYDERABAD)
(Against the orders dated 03.03.2015 in S.A.No.166 of 2005 passed by the Hon’ble
Debts Recovery Tribunal, Hyderabad )

BETWEEN:

Smt.N.Reddemma ..Proposed Party.

AND:

A.R.Vikram and others … Respondents

PETTION FILED ON BEHALF OF THE PETITONER/PROPOSED RESPONDENT

UNDER SECTION 18 OF SARFAISE ACT, R/W UNDER ORD.1 RULE 10 OF
C.P.C.,

Filed on: 01.06.2018

Filed by
P.MADHUSUDHAN, AP402/1994
Cell No.9908067171
st
10-189, 1 Floor, Gandhi Road Extension,
Chittoor, Andhra Pradesh

Counsel for the Proposed Party

 IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

APPEAL No. 116 OF 2016

IN

S.A.No. 166 OF 2005

(DRT, HYDERABAD)
(Against the orders dated 03.03.2015 in S.A.No.166 of 2005 passed by the Hon’ble
Debts Recovery Tribunal, Hyderabad )

BETWEEN:

Smt.N.Reddemma ..Proposed Party.

AND:

A.R.Vikram and others … Respondents

LIST OF DOCUMENTS

S.N Annexur Date of Page

Description of document docume
o. e nt No.
1 A-1 Encumbrance Certificate 31.05.2 1-5
issued Sub Registrar-II for 018
appeal schedule properties I
and II
2 A-2 Registered Sale deed dated 23.10.2 6-26
dt:23.10.2009 vide document
009
No.4558/2009 for item No.1 of appeal
schedule property along with true
translated copy
3 A-3 Rough Sketch in respect of 27
Appeal I and II Schedule
Properties

Date : 01.06.2018

Place : Kolkata Petitioner/Proposed Party

Counsel for the Proposed Party

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

APPEAL No. 116 OF 2016

 IN

S.A.No. 166 OF 2005

(DRT, HYDERABAD)
(Against the orders dated 03.03.2015 in S.A.No.166 of 2005 passed by the Hon’ble
Debts Recovery Tribunal, Hyderabad )

BETWEEN:

Smt.N.Reddemma W/o.K.G.Thri Moorthy,

aged about 47 years, R/o.Door No.28-1454/1,
Mahathma Nagar, Via Thenabanda Road,
Chittoor City & District. (AP). ..Proposed Party.

AND:

1.A.R.Vikram, S/o.A.Rajendra Naidu,

aged about 45 years, Business.

2.A.Rajendra Naidu, S/o.Pedda Naidu,

aged 69 years,
Both R/o:H.No.10-3, Gandhi Road Extension,
Chittoor City & District (AP). ..Appellants

3.The authorized office,

State Bank of Hyderabad,
Regional Office, Tirupati, Chittoor District. (AP).

4. The Branch Manager,

State Bank of Hydserabad, Chittoor Branch,
Chittoor City & District. (AP).

5. Sri Parthasaradhi @ Pandu, S/o. not known,

aged major, Business, R/o.15-4/2/11,
Greasmpet, Chittoor City & District. (AP).

6. Smt.R.Gandhimati @ Smt.Kantimathi,
W/o.late Sri H.G.Parthasarathi, R/o.4-197,
Opposite Collectorate, Greamspet,
Chittoor City & District. (AP). … Respondents/ Respondents

AFFIDAVIT FILED ON BEHALF OF THE PROPOSED PARTY.

-oOo-

I, Smt.N.Reddemma W/o.K.G.Thri Moorthy, aged about 47 years, R/o.Door

No.28-1454/1, Mahathma Nagar, Via Thenabanda Road, Chittoor City & District.
(AP) do hereby solemnly affirm and state as follows:-

1. I am the deponent herein and I am the third party to be impleaded in the above
Appeal No. 167/2016.
2. I submit that the respondent/bank complied all the formalities and procedures
under SARFAICE Act and that 4th respondent / Auction purchaser being a successful
bidder of the auction of the property offered and the same was confirmed in favour of
the 4th respondent and declared by the 2nd respondent/bank as a successful bidder.

3. I submit that on 03.01.2006 the sale certificate was also issued in favour of the 4 th
respondent by the 2nd respondent/bank. The 2nd respondent/bank obtained endorsement
from 4th respondent as the original copies of the Sale Certificate on 08.01.2006. On the
same day the 2nd respondent/bank delivered the possession of the property to the 4 th
respondent and on 14.06.2006 the said Sale Certificate was registered before the Sub
Registrar, Chittoor, Chittoor District, vide regd., document No.3428/2006,
dt:14.06.2006.

4. I further submit that after regd., sale dt:14.06.2006, the 4 th respondent made a gift
to one R.Prameela through regd., gift deed vide document No.2908/2006, dt:16.06.2006.
Meanwhile, the said S.Prameela sold away the property through a GPA Agent to us viz.
N.Reddamma and K.G.Thri Moorthy through a regd., sale deed vide documents
No.4558/2009 and 4557/2009, dt:23.10.2009 respectively. That being all the above said
transactions from the date of sale of the respondent/bank, the said 4 th respondent looking
after the interest of the subsequent purchasers.

5. I submit that as a bona fide purchaser for valid sale consideration, my husband
sold the item No. II of the appeal schedule property to one N.Subramanya Chowdary
under a Registered Sale Deed dated 03.08.2011 vide document No. 4446 of 2011 who is
the close relative to the appellants herein. I submit that the appellants herein had
constructed RCC building in Item No.II of the Appeal schedule property along with
adjacent property of them and running a Gas Agency in the said building.

6. I submit that these facts were concealed to us by them during the execution of
the above sale deed. They however, after revealing the facts about the proceedings,
assured us that our interest in the scheduled property is being protected and that there is
nothing to worry. I submit that as bona fide purchasers, we have the right to know the
developments in the proceedings defend and protect our interest. I submit that,
ironically, the borrower /appellant has full knowledge about all the sale transactions post
auctioning. I further submit that the appellant has suppressed all these facts before this
Hon’ble Tribunal in the above Appeal. I submit that the 4 th respondent very recently
informed us that there is no stay in SA No.160 of 2015 before the DRT, Hyderabad and
she has not party to the proceedings in the lower court, since from 2005 to 2009 and
hence she had no knowledge about the pending litigation in between 2005 to 2009 there
had been several transactions as mentioned in series annexure. The 4 th respondent further
informed that she has succeeded in SA No.160 of 2015 before the DRT, Hyderabad
against the appellants herein.

7. I submit that the reasonable reasons to believe that both the appellants and

respondents colluded together to defeat our legitimate right over the Appeal schedule

property.

8. I submit that there is no delay on our part in approaching this Hon’ble DRAT to

implead me and Mr.K.G.Thri Moorthy and subsequent bona fide purchaser

Mr.N.Subramanya Chowdary in the present Appeal No.116 of 2016 for selling the item

No.II of the appeal schedule property, since this appeal was filed in the year 2016 and

we came to about pending this appeal before this Hon’ble Tribunal very recently. I am

filing recent Encumbrance Certificate dated 31.05.2018 appeal schedule property i.e.

item Nos.I and II and also filing the certified copy of the sale deed dated 23.10.2009

along with true translated copy and also Rough Sketch relating to the Appeal Schedule

properties i.e. item Nos.I and II for your Honour’s kind perusal. Hence, I am filing this

present petition seeking this Hon’ble Tribunal to implead us as parties to the proceedings

as necessary parties in this appeal to contest the above appeal on merits.

9. I submit that as per SARFAISE Act “any person” can be impleaded as a party to
the proceedings to safeguard the legal interest.

I therefore prayed that this Hon’ble Tribunal may be pleased to implead

me, Mr.K.G.Thri Moorthy and Mr.Subramanya Chowdary as respondents No.5 to 7 in

this present appeal and allow us to file counter to contest the above appeal in respect of

the item No.1 of the appeal schedule mentioned property, otherwise, I will be put to

irreparable loss and hardship.

APPEAL SCHEDULE PROPERTIES

House site No.577/AIE, Next Door No.10-142, Gandhi Road Extn., Chittoor
 Marks 3270 self + 476 Self = 3746 Self

As per Sale Certificate

All that part and parcel of the property consisting of House site bearing No.577/AIE,
consisting 2 bits admeasuring 3270 sq., ft., and 476 sq., ft., located at next Door No.10-
142, Gandhi Road Extn., Chittoor standing in the name of Sri A.Rajendra Naidu
(mortgager), S/o Pedda Rama Naidu, Chittoor

Bounded
Item 1 admeasuring 3270 sq., ft.,

On the North by : Vacant site of the Vendor and Sri R.Abbaiah Naidu;
On the South by : House of Sri E.Sri Ramulu Reddy;
On the East by : Road;
On the West by : Godown of A.P., State Warehousing Corporation.

Item 2 admeasuring 476 sq., ft.,

On the North by : Godown of A.P., State Warehousing Corporation;

On the South by : Common lane;
On the East by : Site of Sri R.Abbaiah Naidu;
On the West by : Godown of A.P., State Warehousing Corporation

Note : in this item No.1 of the appeal schedule property is claiming by the proposed
respondent No.5

Deponent
Solemnly affirmed and signed before me on this
31st day of May, 2018 at Chittoor, A.P.,

Identified by P.Madhusudhan,

Advocate, Chittoor, A.P.,

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

I.A. NO. OF 2018

APPEAL No. 116 OF 2016

IN

S.A.No. 166 OF 2005

(DRT, HYDERABAD)
(Against the orders dated 03.03.2015 in S.A.No.166 of 2005 passed by the Hon’ble
Debts Recovery Tribunal, Hyderabad )
BETWEEN:

Smt.N.Reddemma W/o.K.G.Thri Moorthy,

aged about 47 years, R/o.Door No.28-1454/1,
Mahathma Nagar, Via Thenabanda Road,
Chittoor City & District. (AP).
Aadhar Card No. 996800308395 Cell No.9441588182
.. Petitioner/
Proposed Respondent.
AND:

1.A.R.Vikram, S/o.A.Rajendra Naidu,

aged about 45 years, Business.

2.A.Rajendra Naidu, S/o.Pedda Naidu,

aged 69 years,
Both R/o:H.No.10-3, Gandhi Road Extension,
Chittoor City & District (AP). ..Appellants

3.The authorized office,

State Bank of Hyderabad,
Regional Office, Tirupati, Chittoor District. (AP).

4.The Branch Manager,

State Bank of Hyderabad, Chittoor Branch,
Chittoor City & District. (AP).

5. Sri Parthasaradhi @ Pandu, S/o. not known,

Aged major, Business, R/o.15-4/2/11,
Greasmpet, Chittoor City & District. (AP).

6. Smt.R.Gandhimati @ Smt.Kantimathi,
W/o.late Sri H.G.Parthasarathi, R/o.4-197,
Opposite Collectorate, Greamspet,
Chittoor City & District. (AP).

7. K.G.Thri Moorthy, S/o.Late K.Gangadharam,

aged about 47 years, R/o.Door No.28-1454/1,
Mahathma Nagar, Via Thenabanda Road,
Chittoor City & District. (AP).
Aadhar No.7132 9144 5290 Cell No.98491 82393

8. N.Subramanya Chowdary S/o.Late N.Venugopal Naidu,

aged about 69 years, R/o.Door No.10-22,
Bharathi Complex, Pakala Main
Road, Pakala Post & Mandal, Chittoor District (AP).
Aadhar No., and Cell No., not known.
Proposed Respondents 6 and 7

… Respondents/ Respondents

PETTION FILED ON BEHALF OF THE PETITONER/PROPOSED RESPONDENT

UNDER SECTION 18 OF SARFAISE ACT, R/W UNDER ORD.1 RULE 10 OF
C.P.C.,
 -oOo-

That for the reasons stated in the accompanying affidavit, it is therefore prayed
that this Hon’ble Tribunal may be pleased to, implead the petitioner/proposed
respondents No.5, Mr.K.G.Thri Moorthy and Mr. Subramanya Chowdary as respondents
No.6 and 7 in this present appeal and allow them to file counters to contest the above
case in respect of the item No.1 of the appeal schedule mentioned property and to pass
such other and further orders as this Hon’ble court deems fit and proper in the interest
of justice.

COUNSEL FOR THE PETITONER/

PROPOSED RESPONDENT No.5

TO ADD THE PROPOSED PARTIES AS RESPONDENTS 5 TO 7 IN THE

SHORT CAUSE TITLE OF THE APPEAL:

1. Smt.N.Reddemma W/o.K.G.Thri Moorthy,

aged about 47 years, R/o.Door No.28-1454/1,
Mahathma Nagar, Via Thenabanda Road,
Chittoor City & District. (AP).

2. K.G.Thri Moorthy, S/o.Late K.Gangadharam,

aged about 47 years, R/o.Door No.28-1454/1,
Mahathma Nagar, Via Thenabanda Road,
Chittoor City & District. (AP).

3. N.Subramanya Chowdary S/o.Late N.Venugopal Naidu,

aged about 69 years, R/o.Door No.10-22,
Bharathi Complex, Pakala Main Road,
Pakala Post & Mandal, Chittoor District (AP).
TO ADD THE PROPOSED PARTIES AS RESPONDENTS 5 TO 7 IN THE
LONG CAUSE TITLE OF THE APPEAL:

1. Smt.N.Reddemma W/o.K.G.Thri Moorthy, aged about 47 years, R/o.Door No.28-

1454/1, Mahathma Nagar, Via Thenabanda Road, Chittoor City & District. (AP).

2. K.G.Thri Moorthy, S/o.Late K.Gangadharam, aged about 47 years, R/o.Door

No.28-1454/1, Mahathma Nagar, Via Thenabanda Road, Chittoor City & District. (AP).

3. N.Subramanya Chowdary S/o.Late N.Venugopal Naidu, aged about 69 years,

R/o.Door No.10-22, Bharathi Complex, Pakala Main Road, Pakala Post & Mandal,
Chittoor District (AP).

COUNSEL FOR THE PETITONER/

PROPOSED RESPONDENT No.5

APPEAL SCHEDULE PROPERTIES

House site No.577/AIE, Next Door No.10-142, Gandhi Road Extn., Chittoor
 Marks 3270 self + 476 Self = 3746 Self

As per Sale Certificate

All that part and parcel of the property consisting of House site bearing No.577/AIE,
consisting 2 bits admeasuring 3270 sq., ft., and 476 sq., ft., located at next Door No.10-
142, Gandhi Road Extn., Chittoor standing in the name of Sri A.Rajendra Naidu
(mortgager), S/o Pedda Rama Naidu, Chittoor

Bounded
Item 1 admeasuring 3270 sq., ft.,

On the North by : Vacant site of the Vendor and Sri R.Abbaiah Naidu;
On the South by : House of Sri E.Sri Ramulu Reddy;
On the East by : Road;
On the West by : Godown of A.P., State Warehousing Corporation.

Item 2 admeasuring 476 sq., ft.,

On the North by : Godown of A.P., State Warehousing Corporation;

On the South by : Common lane;
On the East by : Site of Sri R.Abbaiah Naidu;
On the West by : Godown of A.P., State Warehousing Corporation

Note : in this item No.1 of the appeal schedule property is claiming by the proposed
respondent No.5

COUNSEL FOR THE PETITONER/

PROPOSED RESPONDENT No.5