JUDGMENT :

The present Appeal arises against the judgment and decree dated 02.05.2008 in A.S.No.3 of 2006 on the file of the Court of the Principal District Judge, Kurnool by reversing the judgment and decree dated 30.11.2005 passed in EA No.330 of 2005 in E.P.No.132 of 2004 on the file of the Court of the Additional Senior Civil Judge, Kurnool.

2. For the sake of convenience, the parties will hereinafter be referred to as arrayed in E.A.

3. The facts of the case are that the 1st respondent herein obtained a preliminary decree against the respondents No.2 and 3 in O.S No.218 of 2002 in the Court of Principal Senior Civil Judge, Kurnool for recovery of about Rs.3 lakhs under a simple mortgage deed and filed E.P.No.132 of 2004 to realize it by way of sale of a house. The said E.P. was dismissed stating that one Parvathamma purchased the said property on 6.6.1994 under a registered agreement of sale for Rs.2,25,000/- from the 2nd respondent. As the vendor did not execute the sale deed, she instituted OS No.41 of 1999 before the Court of Principal Senior Civil Judge, Kurnool for specific performance of the said agreement of sale and obtained a decree thereon on 11.4.2000 and sale deed als