This appeal is directed against the order dated 18.12.2015 passed in E.A. No. 50 of 2015 in E.P. No. 776 of 2014 in O.S. No. 462 of 2006 passed by the II Additional Senior Civil Judge, Warangal.

For the sake of convenience, the parties hereinafter will be referred to as ‘the plaintiff, the defendants and the claim petitioner’.

The appellant herein is the claim petitioner. He is a third party to the suit as well as the execution proceedings.

The plaintiff filed the suit against the defendants on 16.04.2006 for specific performance of an agreement to sell, dated 12.07.2006 executed by the defendant in respect of the house site admeasuring 350 sq. yards. During the pendency of the suit, the defendant died in the year 2007. Thereafter, his wife and son were brought on record as his legal representatives on 31.10.2007 and they are defendants 2 and 3 in the suit. Thereafter, the suit for specific performance was decreed on 10.09.2014. During the pendency of the suit, the defendants 2 and 3 allegedly sold an extent of 143.40 square yards of house site wherein there is a built up area of 437 square feet, under registered sale deed to the claim petitioner on 07.01.2013. The said suit