L. NARASIMHA REDDY, J.

( 1 ) THE Civil Miscellaneous Appeal is filed by the judgment-debtors 4 and 5 in E. P. No. 128 of 1994 in O. S. No. 12 of 1979 on the file of the Additional Senior Civil Judge, Guntur, aggrieved by the order, dated 11-3-2002.

( 2 ) THE sole respondent herein filed o. S. No. 12 of 1979 for specific performance for an agreement of sale, dated 19-9-1976 against three persons, who are parties thereto (Defendants 1 to 3) and the appellants herein. It was pleaded that the defendants 1 to 3 have borrowed two sums, namely, Rs. 20,000/- and Rs. 17,000/- from the respondent, by executing two promissory notes and with a view to discharge the liability thereunder, they executed an agreement of sale, to convey the suit schedule property for a consideration of rs. 40,000/ -. The first appellant is said to have purchased part of the suit schedule property under an agreement of sale dated 27-3-1978 and the second appellant purchased the remaining part of it through a sale deed, dated 1-4-1982, therefore, they were impleaded as defendants 4 and 5.

( 3 ) THE trial Court decreed the suit on 31 -3-1982, and granted relief of refund of the consideration. The relief of specific per

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