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2018 Supreme(AP) 704

CHALLA KODANDA RAM
K. Eswaraiah – Appellant
Versus
Bagadi Ganesh – Respondent


Advocates Appeared:
For the Petitioner:N. Aswartha Narayana, Advocate.
For the Respondents:K.G. Krishna Murthy, Senior Counsel, K. Ram Mohan, Advocate.

JUDGMENT :

1. Against the Order dated 07.06.2018, whereby and where under the II Additional District Judge, Hindupur dismissed I.A. No. 187 of 2018 filed by the petitioner – defendant No.4, under Section 151 of the Code of Civil Procedure, seeking dismissal of the suit i.e. O.S.No.31 of 2012 filed by the 1st respondent for specific performance of agreement of sale dated 03.03.2011 said to have been executed by Respondents 2 to 4 – Defendants 1 to 3, as power of attorney holders of the petitioner herein – defendant No.4, this Civil Revision Petition is filed.

2. The brief facts are as follows:

The case of the 1st respondent – plaintiff is that on 03.03.2011, when Respondents 2 to 4 approached the 1st respondent and offered to sell the suit property, the latter, after verifying the title deed and registered General Power of Attorney dated 03.11.1986 said to have been executed by the petitioner in their favour, agreed to purchase the suit, property, for Rs. 35 lacs and paid Rs. 25 lacs as advance, with a condition to get the document executed in favour of the 1st respondent in 12 months from the date of the agreement dated 03.03.2011. But however, Respondents 2 to 4, on one pretext or th













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