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2013 Supreme(AP) 640

M.S.RAMACHANDRA RAO
S. Narayanaswamy – Appellant
Versus
Nimmala Appanna – Respondent


Advocates Appeared:
For the Appellant:V.L.N.G.K. Murthy, Advocate.
For the Respondents:R3, R5 & R6, S.D. Goud, R4, C. Ramachandra Raju, Advocates.

JUDGMENT :

1. This appeal is filed challenging the judgment and decree dt.31-01-1992 in O.S.No.103 of 1975 of the Additional Sub-ordinate Judge, Anantapur.

2. Before I deal with the appeal and ASMP.1630/2013, it is necessary to mention certain events which took place prior to and during the hearing of this appeal.

3. On 22.7.2013, initially when this appeal and ASMP were listed before me, it was suggested by Sri S.D.Gowd, the previous counsel for respondents 3-6 that this bench may not hear the case. The reason according to counsel was that I had appeared for one of the parties in the case. This was found to be factually incorrect as I had not in fact appeared in the case. Counsel was also not able to substantiate this contention. As the appellant was 93 years old, the suit related to specific performance of agreements of sale dt.14.8.1968 and 27.1.1970, and after full trial which dragged on from 1975 to 1992, it was decided, the appeal was taken up for hearing on 23.7.2013 and 24.7.2013 and arguments of counsel for appellant, Sri V.L.N.G.K.Murthy were heard. He argued the appeal for 4 1/2 hours on 23-07-2013 and 24-07-2013 in the presence of the party in person/Advocate Sri N.Pre








































































































































































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