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2008 Supreme(AP) 951

B.PRAKASH RAO, G.V.SEETHAPATHY
IN RE…. P. Nagesh – Appellant
Versus
. – Respondent


ADVOCATES APPEARED:
For the Petitioner: Y. Chandrasekhar, SPl. G.P.
For the Respondent:R1 & R5, C. Prakash Reddy, R6 & R9, C. Sindhu Kumari, R8, P. Bhaktavatsal (Party in person), R7, T. Sundhakar Reddy, R10, N. Vidya Prasad, R11 & 12 O. Manohar Reddy, R13, S.R. Sanku, Advocates.

JUDGMENT :-

G.V. Seethapathy, J.

This contempt case was suo motu registered as per the directions of this Court contained in the order dated 27.09.2006 in A.S.M.P. No. 1893 of 2005 AS (SR) No. 41417 of 2001.

2. The factual background that led to this suo motu contempt case can be briefly stated thus:

An appeal is purported to have been filed under Section 96 CPC on behalf of the respondents 1 to 5 herein against the judgment and decree dated 23.10.2000 in OS No. 18 of 2000 on the file of the I Additional District Court, Ranga Reddy district. The said appeal purported to carry AS (SR) No. 41417 of 2001. The respondents 1 to 5 herein filed the said suit for specific performance of agreement dated 28.07.1987. The defendants remained ex-parte. The trial Court, while holding that the plaintiffs are not entitled for a decree for the relief of specific performance, however, decreed the suit for refund of Rs. 4,00,000/- with interest at 12% per annum and rejected the relief of specific performance. Aggrieved by the same, the respondents 1 to 5 herein filed an appeal before this Court, which was purported to carry AS (SR) No. 41417 of 2001. The appeal papers were returned on 25.6.2001. Subse






































































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