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2000 Supreme(AP) 718

B.S.A.SWAMY
Gara Padmanabham – Appellant
Versus
Neti Narasimha Sastry – Respondent


B. S. A. SWAMY, J.

( 1 ) THE petitioner is the plaintiff in O. S. No. 5 of 1997 on the file of the Additional District Judge, Ongole. It was filed for specific performance of an oral agreement. He filed this revision petition aggrieved by the orders passed by the trial Court in I. A. No. 105 of 2000 wherein the Court below refused to summon one Y. V. Seshaiah a practising Advocate as Court witness.

( 2 ) HEARD the learned counsel of both the sides. From the factual background of the case, it revealed that the petitioner herein, i. e. the plaintiff in the suit was orally inducted into the suit schedule premises some time in the year 1993. The respondents initiated proceedings for the eviction of the petitioner/plaintiff from the suit premises and ultimately succeeded and taken the possession of the property. Pending eviction proceedings the petitioner filed the suit for specific performance of the oral agreement of sale entered into by the parties in July 1993. In the pleadings, the petitioner categorically stated that he met one Y. V. Seshaiah counsel for the respondent during the pendency of the eviction proceedings to settle the matter amicably and help him to purchase the suit sc









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