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2018 (8) TMI 1931 - HC - Benami PropertyBenami Property - family members are fighting for the properties - petitioners argued that suit itself is not maintainable as there is a prohibition to entertain the suit under Sections 3 and 4 of Prohibition of Benami Property Transactions Act - HELD THAT:- The respondent/plaintiff is a Company represented by its Director, who is brother of the 1st defendant/1st petitioner herein. In view of the averments made in the plaint and in view of Section 2 (9)(A)(b)(iv) of The Prohibition of Benami Property Transactions Act, 1988, whether the suit is hit by Sections 3 and 4 of the Prohibition of Benami Transactions Act, 1988 or not, has to be decided in the main suit, only after leading evidence by both sides. The question whether the suit is barred by limitation or not, also cannot be decided unless and until full-fledged trial is conducted in the main suit. Similar issues regarding properties between the same parties herein came up before this Court earlier [2018 (7) TMI 2091 - TELANGANA HIGH COURT] as disposed of by recording the consent of the parties to direct the trial Court to decide the suits within one year from the date of receipt of the copy of said order, by giving opportunity to both parties. In the present case, the plaintiff/Director and defendant No.2 are siblings and defendant No.1 is the daughter of defendant No.2, thus, it seems, there is exception under Section 2 (9)(A)(b)(iv) of The Prohibition of Benami Property Transactions Act, 1988. However, the issue finally has to be decided by the trial Court after leading evidence by both sides. There is no perversity or illegality in the impugned orders dated 21st February 2017, passed in the I.As. Since the family members are fighting for the properties, as already directed in the earlier revision petitions noted above, to decide the suits within one year, in the present cases also, I hereby direct the trial Court to decide the suits within one year from the receipt of this order, by giving opportunity to both the parties. Till then, both the parties shall maintain status quo with regard to the suit properties.
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