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2008 Supreme(AP) 936

GOPALA KRISHNA TAMADA
Kotapati Ramalakshmi @ Radhika – Appellant
Versus
Doneparthi Hymavathi – Respondent


Advocates appeared:
For the Petitioner:M.V.S. Suresh Kumar, Advocate.
For the Respondents:M. Venkata Narayana, Advocate.

Judgment :-

This is an application seeking review of the order dated 11-07-2008 passed by the Court in C.R.P.No. 2804 of 2008, whereby, this Court directed the respondents to represent the plaint, and further directed the trial Court to number the suit on such representation.

The genisis for this multifaceted litigation is as under;

Respondents and two others executed an agreement of sale in favour of the petitioner and others on 17-08-1989 in respect of some property, and they were put in possession of the property. Thereafter, as the respondents have not performed their part of the contract, petitioners and others filed O.S.No.73 of 1997 before the learned I Additional District Judge, Nellore, for specific performance of the agreement of sale. The said suit was ultimately dismissed on 12.11.2007. However, in the said suit, the trial Court framed an issue as to whether the defendants, (respondents herein ), can set up any claim against the plaintiffs (review petitioners and others), and if so, whether it has any bearing on the relief of refund of sale consideration claimed by plaintiffs. While dismissing the suit, the trial Court observed that defendants 1 and 2 are entitled to com



































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