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1996 Supreme(AP) 379

LINGARAJA RATH, S.DASARADHA RAMA REDDY
A. Ramalakshmi Sethu Rao (died) – Appellant
Versus
D. Bheemeshwara Rao – Respondent


S. DASARADHA RAMA REDDY, J.

( 1 ) THIS appeal which was earlier dismissed on 24-11-1992 was reopened on 1-10-1993 on the ground that it was earlier disposed of without notice to all the legal representatives of the 1st appellant. The appellants 1 and 2 are defendants 1 and 2 in O. S. 1067/88 on the file of the Court of the IV Addl. Judge, City Civil Court, Hyderabad filed by the respondents 1 to 3 herein for specific performance of contract of sale dated 29-12 975 (Ex. A-2) by directing the defendants 1 and 2 execute the sale deeds in the name of the plaintiffs 1 to 3, and put them in possession of the plots 1, 2 and 3. Pending suit one Gopinath Sidhanti, 4th respondent herein was added as 4th plaintiff who was the nominee of Plaintiff No. 2, while Defendant No. 3 who was the other party to the Ex. A-2 and who is respondent No. 5 herein was given up as no necessary party to the appeal.

( 2 ) THE relevant facts which are necessary for the disposal of this appeal may be stated thus: on 10-11-1975, the respondents 1,2 and 3 together with respondents 5 and 6 agreed to purchase from A. K. Sethu Rao and his son Gopala Krishna 2100 Square Yards situated in rear portion of the House bearing











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