ORDER :

Plaintiff in the suit filed the above revision against the order dated 12.09.2022 in I.A.No.268 of 2022 in O.S.No.712 of 2015 on the file of IV Additional District Judge, Visakhapatnam.

2. Suit O.S.No.712 of 2015 was filed by plaintiff against the respondent herein and another person for specific performance of contract directing the defendants to execute a registered sale deed pursuant to agreement dated 06.12.2014 or alternatively for refund of an amount of Rs.22,10,000/- with interest @24% per annum.

3. In the plaint, it was contended, inter-alia, that 1st defendant is the absolute owner of site admeasuring 435.6 square yards in S.No.132 of Chinagadili village; that 2nd defendant, builder entered into agreement dated 05.12.2011 with 1st defendant to construct multi-storeyed building with four floors; that suit schedule flat is one among said multi-storeyed building flats; that 2nd defendant executed an unregistered agreement of sale dated 04.01.2012 in favour of plaintiff styling himself as vendor to alienate the plaint schedule flat to the plaintiff for Rs.28,00,000/-; that Xerox copy of development agreement dated 05.12.2011 was also handed over to plaintiff; that under the agreement of sale dated 04.01.2012, 2nd defendant agreed to sell suit schedule flat of 1550 square feet in the ground floor to the plaintiff for an amount of Rs.28,00,000/- and received Rs.5,00,000/- as detailed in the agreement as advance; that approval from the GVMC is obtained by defendants for making construction of multi-storeyed building; that some disputes arose between the defendants and there was delay in construction of building; that 1st defendant executed another document naming it as agreement of sale dated 06.12.2014 for the suit schedule property and received an amount of Rs.7,00,000/- and agreed to sell the suit schedule flat for Rs.18,00,000/-; that both the defendants together completed the construction of suit schedule flat except some minor works like electrical wiring, painting etc.; that both the defendants apart from the amount stated supra, received Rs.1,40,000/- under cheque No.283627 in the name of 2nd defendant’s brother, Rs.2,10,000/- in the name of Surya Enterprises with an undertaking with plaintiff and her father to deduct the said amount payable by plaintiff to defendants and they also received different amounts and in total, defendants received an amount of Rs.22,10,000/- from the plaintiff; that plaintiff demanded both the defendants to received balance of Rs.5,90,000/- and executed a registered sale deed, defendants postponed the same; that plaintiff got issued legal notice to defendants on 30.10.2015 and 04.11.2015 and hence, filed the suit for the reliefs stated supra.

4. 1st Defendant in O.S.No.712 of 2015, filed suit O.S.No.172 of 2016 against the plaintiff in O.S.No.712 of 2015 and her husband for recovery of possession under Section 6 of the Specific Relief Act, 1963.

5. In the plaint in O.S.No.172 of 2016, it was contended interalia that plaintiff is the absolute owner of 462 square yards of site and it is ancestral property; that plaintiff got constructed two houses bearing Door Nos.10-310 and 10311; that in the year 2012, he along with his family members intended to develop the said old house into multi-storeyed building and dismantled the old house; that plaintiff obtained permission from GVMC for construction of multi-storeyed building of Stilt + 4 floors with 8 dwelling units under the approved plan bearing No.BA No.10190/2012/ACP-I dated 22.02.2012; that as per the approved plan, they constructed the entire building and later they made a family settlement under registered partition deed dated 07.03.2014; that dwelling unit No.102 fell to the plaintiff’s share and GVMC assessed the same to tax and plaintiff has been paying taxes; that plaintiff also obtained electricity service connection and paying bills from 15.07.2015; that defendants who are wife and husband, approached the plaintiff and requested t