JUDGMENT :

(T. Mallikarjuna Rao, J.) :

1. Since both the appeals arise from the common judgment, they are being disposed of by way of this common judgment.

2. A.S.No.79 of 2009 is filed, under Section 96 of the Code of the Civil Procedure, 1908 (for short, “CPC”) by the Appellant/2nd Defendant challenging the decree and judgment dated 13.03.2008 in O.S.No.07 of 2002 passed by the learned Senior Civil Judge, Nuzvid (for short, ‘trial court’).The Respondent No.1/Plaintiff filed a suit in O.S.No.07 of 2002, for specific performance of contract directing the Defendants 2, 3, 5, 6 and 7 to execute a registered Sale Deed in favour of the Plaintiff in respect of the schedule property after receiving the balance of sale consideration of Rs.2,30,000/- from the Plaintiff and to deliver vacant possession of the schedule property to the Plaintiff.

3. The Appellant/Plaintiff filed suit in O.S.No.46 of 1998 for partition of plaint schedule property into 16 equal shares and allot 10 such shares to the Plaintiff by meets and bunds as per good and bad qualities and allotment of such share to the Plaintiff and for separate possession of the same.

4. A petition has been filed under Section 24 of t