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2004 Supreme(AP) 874

L.NARASIMHA REDDY
G. Veeresham – Appellant
Versus
D. V. Shailendra Kumari – Respondent


L. NARASIMHA REDDY, J.

( 1 ) THE decree holder in o. S. No. 928 of 1992 on the file of the ii Senior Civil Judge, City Civil Court, hyderabad, has filed this C. M. A. , aggrieved by an order passed by the executing Court, accepting the claim submitted by the 1st respondent under Rule 99 of Order 21 c. P. C.

( 2 ) THE appellant filed O. S. No. 928 of 1992 for the relief of specific performance of an agreement of sale dated 11-5-1990, in relation to an extent of 310 sq. yards in premises bearing No. lo-5-2/l/l/a, of Masab tank, Hyderabad. The suit was decreed ex parte on 5-7-1993. He filed E. P. No. 40 of 1993 for execution of the decree. Since the 2nd respondent did not comply with the decree, the Court itself executed the sale deed on 25-7-1995. The appellant was inducted into possession only on 2-2-1999.

( 3 ) THE 1st respondent filed E. A. No. 8 of 1999 under Rule 99 of Order 21 C. P. C. , alleging that the appellant dispossessed her from the property in premises No. 10-5-2/1/ 36/2, under the guise of the decree. She pleaded that she purchased the property through registered sale deed dated 17-1-1966, and ever since then, she has been in continuous possession of the land. It was a

















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