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2005 Supreme(AP) 659

V.ESWARAIAH
K. Bhaskaram – Appellant
Versus
Mohd. Moulana – Respondent


( 1 ) THE appellants herein are the respondents-judgment debtors in E. A. No. 14 of 2004 in E. P. No. 107 of 2003 in O. S. No. 641 of 1994 on the file of the III Senior Civil Judge, city Civil Court, Secunderabad.

( 2 ) THE suit O. S. No. 641 of 1994 was initially filed by the respondents 1 and 2 herein, who are the wife and husband. During the pendency of the said suit, the first plaintiff died, and therefore, his legal representatives were brought on record as plaintiffs 3 to 8, who are the respondents 3 to 8 in the appeal. The suit is filed for specific performance of agreement of sale and the same was decreed by the trial Court, which was also confirmed by this Court in the appeals. There is no dispute that the decree is joint and indivisible. During the pendency of the C. C. C. A. on the file of this Court, the second plaintiff, who is the wife of the first plaintiff, died and therefore, the plaintiffs 3 to 8 were also shown as her legal representatives. There is no dispute that the respondents 3 to 8 herein are the plaintiffs 3 to 8, who are the legal representatives of the plaintiffs 1 and 2. When the decree was passed by the trial Court, there were 7 decree holders and afte























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