JUDGMENT
Heard the learned counsel for the parties.
2. As fairly submitted by the learned counsel for respondent that his party has already completed the construction and that his party would not seek any equity in the event of plaintiff/appellant succeeding in the said suit.
3. The learned counsel for the appellant submits that his client has already filed an application under Order 6 Rule 17 of CPC seeking amendment of the plaintiff for including the relief of declaration in
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terms of the decision rendered by Hon'ble Apex Court in the case of Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors reported in AIR 2008 SC 2033.
4. There appears strong force in the submission made by the learned counsel for the appellant.
5. In the light of fair submission made by the learned counsel for respondent with an undertaking that his party will not seek any equity in his favour, if the appellant succeeds in the suit, the appeal is to be disposed of in terms of the oral submission made by learned counsel for the respondent-defendant.
ORDER
The appeal is disposed of in terms of the decision rendered by the Hon'ble Apex Court in the case of
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Anathula Sudhakar vs P. Buchi Reddy (Dead) By Lrs & Ors reported in AIR 2008 SC 2033 It is made clear that the defendant/respondent will not claim equity if the appellant were to succeed in the suit.
The learned Judge of the Trial Court is directed to consider the I.A. filed under Order 6 Rule 17 of CPC and is further directed to expedite the matter as early as possible.
There is no order as to costs.
Sd/-
JUDGE
DM