The present SLPs are arising out of a civil suit seeking specific performance of an Agreement of sale dt. l 7.9.1962 filed by 1st respondent/plaintiff against the petitioners herein & ors before the ld. V Senior Civil Judge, City Civil Court, Hyderabad (hereinafter referred to as the ld. trial court at Hyderabad) vide O.S. No.389 / 1969 wherein a compromise decree dt.21.2.1985 was passed vide E.P. No.58/1984 in O.S. No.389 / 1969 clauses 2, 3 & 4 thereof as follows: "2. The judgment debtors have handed over the physical possession of the above said lands referred to on para No. l in all aggregating to Ac.12-00 gts., to the dectee holder. 3. The Judgment debtors further agreed to execute and register the sale deed in respect of the above mentioned Ac.9-00 gts., within one month and in respect of Ac.3-00 gts., in Sy.No.128 after getting the lands mutated in the names from this date. Necessary stamp duty and registration charges shall be borne by the decree- holder alone. 4. In case of failure or default in executing and register the sale deed as agreed by the judgment-debtors, the decree-holder is at liberty to get the same executed through Court." Instead of seeking implementation and enforcement of the said compromise decree dt.21.2.1985 under Order 21 Rule 10 CPC, the 1st respondent/ plaintiff filed an application dt.29 /30.6.1992 before the Revenue Authorities under Sec.SA of the AP(TA) Records of Rights in Land and Pattadar Pass Book Act, 1971 (In short the ROR Act) seeking regularization/validation of the same, which is without jurisdiction. Despite the said compromise decree in his favour, the 1st respondent/plaintiff did not enclose to go for enforcement and implementation of the same as he was admittedly holding land in excess of the agricultural ceiling limit. Hence, a Division Bench of High Court by an order dt.7.2.2O05 1n W.A. No.1812/2001 set aside the said proceedings holding that the said compromise is neither a transfer "or" an alienation and the same was confirmed by an order dt.13.10.2015 of this Hon'ble Court in SLP (C) No.10907 /2005. Thereupon, the 1st respondent/plaintiff filed two execution applications vide E.A. Nos.744 & 745 of 2015 in E.P. No.58/1984 in O.S. No.389/1969 under Order 21, Rule 32(5) r/w Sec.151 CPC for enforcement of the above compromise decree dt.21.2.1985 with a delay of about 31 years and the same was dismissed by the ld. Trial Court Civil Judge, City Civil Court, Hyderabad on 22.10.2018 holding that the same were barred by Limitation under Article 136 of the Limitation Act. Challenging the same, the 1st respondent/plaintiff filed CRP Nos.329/2015 & 350/2019 before the High Court at Hyderabad and the same were allowed by the impugned orders dt.2/3.8.2022 on a total misreading of the provisions of law and evidence. Hence, this common SLP is filed by the petitioners/Judgment Debtors. Q1 IS MY SLP IS BECOME CIVIL APPEAL
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It is necessary to peruse order passed by HC to advice
2) Appeals lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court.
SLP is filed under Article 136 in The Constitution Of India 1949.
It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India.
Special Leave petition [SLP] is also a constitutional remedy. Under this jurisdiction, the Supreme Court may in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
A Special leave Petition (SLP) can be filed within: 90 days from the date of judgement/order/decree by a Court or Tribunal; Or. Within 60 days against the order of the High Court refusing to grant the certificate of fitness for appeal to Supreme Court.
Therefore if you have filed SLP within the time limit, you may proceed with it.
Yes it will be SLP civil
Dear Client,
A Special leave Petition (SLP) can be filed within: 90 days from the date of judgement/order/decree by a Court or Tribunal; Or. Within 60 days against the order.
The decree-holder can only file a separate suit if so advised for possession of the suit property but the execution is not maintainable.
Article 136 of the Limitation Act lays down that the period of execution of any decree apart from decree of mandatory injunction is 12 years.
Thank You.
are you sure you have typed out the entire order passed in the SLP?
I think the full order is not typed as above order looks incomplete
so cannot be said whether the SLP is admitted and converted into a civil appeal
so please check again
