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2024 Supreme(AP) 350

VENUTHURUMALLI GOPALA KRISHNA RAO
V. Udayabhaskar, S/o. Gopalakrishnayya – Appellant
Versus
M. Obul Reddy, S/o. Obul Reddy – Respondent


Advocates Appeared:
For the Appellants : V.S. R. Anjaneyalu.
For the Respondents: P. Ganga Rami Reddy.

JUDGMENT :

Venuthurumalli Gopala Krishna Rao, J.

This Appeal, under Section 96 of the Code of Civil Procedure [for short “the C.P.C.”], is filed by the Appellants/Defendant Nos.3 to 7, challenging the decree and Judgment, dated 29.10.1997 in O.S.No.173 of 1990 passed by the learned Subordinate Judge, Nellore [for short ‘the Trial Court’]. The Respondent No.1 herein is the plaintiff and appellants here are the defendant Nos.3 to 7 in the said suit. The respondent No.2 i.e., defendant No.2 died during the pendency of appeal, his legal representatives are already on record as appellants.

2. The respondent No.1/plaintiff filed the suit for specific performance of agreement of sale, dated 05.01.1990 and for a direction to the defendants to execute a registered sale deed in his favour.

3. Both the parties in this appeal will be referred to as they are arrayed before the Trial Court.

4. The brief averments in the plaint in O.S. No.173 of 1990 are as under:

    (i) The plaint schedule property belongs to the 1st defendant and she is the owner of the same. The 1st defendant gave the schedule property on lease to the father of plaintiff on 02.08.1984 under a lease deed. Since then, the father of

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