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2023 Supreme(AP) 61

V. R. K. KRUPA SAGAR
Kandula Jagga Rao died – Appellant
Versus
Chevuri Lakshmi Narayana – Respondent


Advocates Appeared:
For the Petitioner: M. Chalapati Rao.
For the Respondent: Y.N. Vivekananda.

JUDGMENT :

This second appeal under Section 100 C.P.C. is preferred by the plaintiff in the suit. Sri K. Jagga Rao filed O.S.No.65 of 2002 before learned II Additional Senior Civil Judge, Vijayawada seeking for specific performance of an agreement for sale. On trial and after due contest, the suit was decreed by judgment dated 25.11.2005. The defendant Sri Ch. Lakshmi Narayana challenged it in his first appeal before learned VIII Additional District and Sessions Judge (Fast Track Court), Vijayawada in A.S.No.215 of 2005. After due hearing, by judgment dated 08.08.2012 the appeal was allowed and the judgment of the trial Court was set aside as a consequence the suit for specific performance stood dismissed. It was during the pendency of the first appeal, the sole plaintiff/sole respondent therein died and his legal representatives i.e., respondent Nos.2 to 6 were brought on record in I.A.No.355 of 2008 by order dated 06.04.2010 and respondent No.7 was brought on record in I.A.No.455 of 2011 by order dated 19.10.2011. The present second appeal is preferred by those legal representatives of the deceased sole plaintiff. The sole respondent herein is the sole defendant before the Courts

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