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2023 Supreme(AP) 1345

K. MANMADHA RAO
Devatha Venkata Satya Naga Sridhar Subbarao – Appellant
Versus
Kodi Venkata Subbarao – Respondent


Advocates appeared:
P.Rajasekhar, Advocate, E.V.V.S.Ravi Kumar, Advocate, M.Lakshmi Narayana, Advocate

JUDGMENT

1. The present Second Appeal is preferred by the appellant aggrieved by the Decree and Judgment dtd. 31/10/2022 passed in A.S.No.40 of 2015 on the file of X Additional District Judge, Narsapur, confirming the decree and judgment dtd. 6/4/2018 passed in O.S No.125 of 2011 on the file of Senior Civil Judge, Narsapuram.

2. The appellant herein is the 2nd defendant, the 1st respondent is the plaintiff and the respondents No.2 to 8 are the legal heirs of the 1st defendant in the suit. Originally the suit in O.S No.125 of 2011 was filed before the Senior Civil Judge, Narsapuram (for short "the trial Court) by the 1st respondent/plaintiff for specific performance of sale agreement dtd. 22/3/2011.

3. For convenience the parties are hereinafter referred to as arrayed before the Additional District Judge, Narsapuram (for short "the first appellate Court") in A.S.No.40 of 2015.

4. The 1st defendant is the absolute owner of 94.2 square yards of site in the 9th ward (presently 16th ward), Shahakarpeta, Palakol i.e., plaint schedule property. She purchased the same under a registered sale deed dtd. 18/6/1990 and she offered to sell it to the plaintiff for Rs.7,53,778.00. The plaintiff pa

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