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1998 Supreme(AP) 764

G.BIKSHAPATHY
Zafu Javeed – Appellant
Versus
V. Narasimha Reddy – Respondent


G. BIKSHAPATHY, J.

( 1 ) THIS CCCA is filed against the order passed by the learned Second Additional Chief Judge, City Civil Court. Hyderabad, in EA No. 14 of 1995 in EP No. 20 of 1991 in OS No. 29 of 1965 dated 8th July, 1998.

( 2 ) THE appellant is the petitioner-third party before the lower Court. He filed an application before the Court below under Order 21, Rule 97 read with Section 151 of CPC to enquire into the objections raised with regard to the right, title and interest and also the executability of the decree against the properties situate in S No. 129/51 and 52 belonging to the petitioner. Though the case had a long history only the relevant events and particulars which arc necessary for disposal of the appeal are referred to in this order.

( 3 ) THE suit in OS No. 29 of 1965 was filed by one Mr. V. Radha Krishna Sastry against seven defendants seeking decree for specific performance of agreement of sale dated 29-12-1963 and for possession of the suit schedule property viz. , Ac. 12-09 gts, being the western part of S. No. 129/68 Paiki comprising of Ac. 16-09 gts. of Shaikpet village, Hyderabad West Taluq. The learned Second Additional Chief Judge, by judgment and decre













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