D.APPA RAO, D.S.R.VERMA
T. V. Ratnakar Rao – Appellant
Versus
Hemantha Kumar – Respondent
(per the Hon’ble Mr.Justice
D.S.R. Varma)
Aggrieved by the judgment and decree, dated 06-03-2006, passed in O.S.No.422 of 2003, by the IX Additional Chief Judge, City Civil Court (Fast Track Court) at Hyderabad, decreeing the suit for specific performance of the agreement of sale, dated 09-05-2003, and for a consequential injunction to restrain the defendant from transferring or alienating or changing the nature of the suit schedule property, the present City Civil Court Appeal is filed by the defendant in the suit.
2. Appellant is the defendant and respondents are the plaintiffs in the suit, before the court below.
3. For the sake of convenience, in this judgment, the parties herein are referred to as per their array in the suit.
4. The plaint averments, in brief, are that defendant is the absolute owner of the suit schedule property, bearing No.8-2-293/82/A 357, admeasuring 1176 sq.yards in Sy.No.120 (403-1, old), situated at Shaikpet village, Hyderabad of Jubilee Hills Cooperative House Building Society Limited, that there was an agreement of sale, dated 09-05-2003, under Ex.A-1, between the plaintiffs and the defendant to sell the suit schedule property for a sum of
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