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1997 Supreme(AP) 328

V.BHASKARA RAO
Bandi Narsaiah – Appellant
Versus
Virabathini Mallesham – Respondent


V. BHASKARA RAO, J.

( 1 ) THESE two Second Appeals arise from a common judgment in A. S. No. 11/1987 and cross-objections therein on the file of Additional District judge, Warangal, dated 15-7-1992 and affirming the findings of the trial Court in O. S. No. 33/1974 of Additional Subordina te Judge, Warangal, dt. 23-10-1986, except the issue relating to possession and dismissing the appeal and at the same time reversing the finding relating to possession and allowing the cross-objections filed by respondent-defendant No. 2. Pursuant to the above judgment and decree, the Appellate Court directed that the cross-objector-defendant no. 2 be put in possession of the suit land by an order dated 24-11-1992 in E. P. No. 193/1992. The revision petition is directed against the order directing delivery of possession. Hence, common questions arise in both the Second Appeals and C. R. P. and thus, they are being disposed of together.

( 2 ) THE facts giving rise to these appeals and revision petition in brief are: that the appellants-Plaintiffs filed O. S. No. 33/1974 for specific performance of agreement and perpetual injunction on the foot of an agreement of sale dated 7-1-1970 stating that plain













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