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2010 Supreme(AP) 1147

VILAS V.AFZULPURKAR
Andhra Graphite (P) Ltd. – Appellant
Versus
Jobing Syndicate – Respondent


Advocates Appeared:
For the Appellants:D.V. Sitharam Murthy, Advocate General.
For the Respondents:V.S.R. Anjaneyulu, Advocate.

Judgment

COMMON JUDGMENT:

A.S.No.2399 of 2001 is an appeal by the defendant against the judgment and decree in a suit O.S.No.379 of 1995 filed for specific performance on the file of the II Additional Senior Civil Judge, Visakhapatnam dated 07.03.2001. The said decree directed the appellant/defendant to execute and register a sale deed in favour of the plaintiff/respondent herein by receiving the balance sale consideration with interest at 18% from the date of suit. The respondent/plaintiff was also aggrieved by the said decree to the extent of directing payment of interest on the balance sale consideration and has filed a separate appeal being A.S.No.448 of 2002 on 23.07.2001 against the said decree. The defendant had also filed a counter claim in the suit O.S.No.379 of 1995 seeking eviction of the plaintiff and for damages and the same was dismissed by the trial Court while decreeing specific performance in favour of the plaintiff. The defendant, therefore, has filed Cross-Objections (SR).No.86461 of 2001 in A.S.No.448 of 2002 to the extent of rejection of counter claim.

2. Both the appeals and the cross-objections have been heard at length. The learned Advocate General appearing



































































































































































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