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2017 Supreme(SC) 1010

R.K.AGRAWAL, A.M.SAPRE
Nadiminti Suryanarayan Murthy(Dead) through LRs. – Appellant
Versus
Kothurthi Krishna Bhaskara Rao – Respondent


Advocates Appeared:
For the Appellants : Manjeet Kirpal, Syed Ahmed Naqvi, Advs.
For the Respondents:- Ms. D. Bharathi Reddy, Adv.

JUDGMENT

Abhay Manohar Sapre, J.

This appeal is filed by original defendant No.6 against the final judgment and order dated 11.07.2003 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in L.P.A. No. 121 of 1998 whereby the High Court set aside the judgment and order dated 02.02.1996 in Appeal No. 2061 of 1989 and upheld the judgment and decree dated 13.09.1989 passed by the subordinate Judge, Amalapuram in O.S. No.50 of 1983 thereby decreeing the plaintiff's (respondent No.1 herein) suit against defendant No.6 (original appellant herein) for specific performance of agreement in relation to the suit house.

2. In order to appreciate the controversy raised in the appeal, it is necessary to state the relevant facts hereinbelow.

3. Nadiminti Suryanarayan Murthy-the original appellant herein (since dead and represented now by the present appellants as his legal representatives) was defendant No.6 whereas respondent No.1 herein is the plaintiff and original respondent No.2 (defendant No.1), since dead and represented through legal heirs (defendant Nos.2-3) whereas Respondent Nos.3-4 are defendant Nos. 4 and 5 in the suit out of which this appeal arises.

4. One Surya Narayan
































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