K. S. SHRIVASTAV, J.

( 1 ) THE 2nd defendant in O. S. No. 17/79 and O. S. No. 61/79 and assignee decree holder in E. P. No. 61/79 is the appellant.

( 2 ) THE decree holder assignor of decree in O. S. No. 312/68, along with the assignee of the decree, that is the appellant, filed a joint application for execution in E. P. No. 61/79 (old No. E. P. 281/77) against the deceased g. Tatayya, judgment debtor, for recovery of possession of the suit properties and arrears of rent. They obtained an order for recovery of possession alleging that the 1st respondent-plaintiff was obstructing the delivery of possession to the appellant. The appellant filed an application in E. A. 756/79 for removal of the obstruction while the 1st respondent-plaintiff filed E. A. No. 197/79 under Section 47 of the Code of Civil Procedure. He also filed civil suit in o. S. No. 61/79 for permanent injunction against Smt. Lakshmi Narasamma and the appellant. He also filed a civil suit in O. S. No. 17/79 for specific performance of the agreement of sale, Ex. A-1, dated 25-4-1977, in respect of b Schedule Property and permanent injunction against his vendee (sic. vendor), late Smt. Lakshmi Narasamma and the appella

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