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2013 Supreme(AP) 348

K.G.SHANKAR, L.NARASIMHA REDDY
Krishna Devloor – Appellant
Versus
N. Madhavi – Respondent


Advocates:
Advocate Appeared
For the Appellants: B.V. Subbaiah, Sr. Counsel.
For the Respondent: D. Prakash Reddy, Sr. Counsel.

JUDGMENT

L. Narasimha Reddy, J.

This appeal is filed against the judgment and decree dated 22-03-2010 passed by the Court of IX Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad. For the sake of convenience, the parties herein are referred to, as arrayed in the suit.

The deceased-1st plaintiff (hereinafter referred to, as 'PW-1') filed the suit against the defendants for the relief of specific performance of agreement of sale, in respect of the suit schedule property, a plot of about 1100 sq. yards in Jubilee Hills, Hyderabad, or, in the alternative, for a decree, for refund of Rs.15,21,096-10 ps., with interest. During the pendency of the suit, PW-1 died.

Smt. D. Vasantha Kumari, the 2nd plaintiff, who is said to be the 2nd wife of PW-1, and respondents 3 and 4 herein (plaintiffs 3 and 4 in the suit), who are his son and daughter, respectively, through his first wife, were added as legal representatives. This appeal is filed by the 2nd plaintiff.

The facts pleaded in the plaint, in brief, are that the suit schedule plot was allotted by the Jubilee Hills Cooperative House Building Society (for short 'the Society') in favour of one,

Mr. J. Shashidhar, and the




































































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