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2022 Supreme(AP) 876

KONGARA VIJAYA LAKSHMI, DUPPALA VENKATA RAMANA
Nalluri Sai Vasavi – Appellant
Versus
Kolluri Nageswara Rao – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N. Ashwani Kumar.
For the Respondent: N. Sai Phanindra Kumar.

JUDGMENT :

KONGARA VIJAYA LAKSHMI, J.

1. This CMA is filed, under Order XLIII Rule 1 of CPC, challenging the order and decree dated 18.02.2022 passed in IA No. 517 of 2020 in OS No. 119 of 2020 on the file of I Additional District Judge, Guntur, wherein temporary injunction was granted restraining the appellant herein from alienating the petition schedule properties till the disposal of the suit.

2. The appellant herein is the respondent in IA No. 517 of 2020 and defendant in OS No. 119 of 2020. The respondent herein is the petitioner in the said IA and plaintiff in the said suit.

3. The parties are hereinafter referred to as they were arrayed in the suit for the sake of convenience.

4. The plaintiff filed the above suit ‘for specific performance of contract of sale’ dated 08.12.2018 and to direct the defendant to execute a registered sale deed in respect of the plaint schedule property or in the alternative to refund Rs. 91,00,000/- with interest at 24% p.a. from the date of suit till the date of realization.

5. The case of the plaintiff as seen from the plaint is that the defendant sold the plaint schedule property under a contract of sale dated 08.12.2018 for a consideration of Rs. 1.

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