ORDER :

SUBBA REDDY SATTI, J.

Defendant No.6 in the suit O.S.No.1 of 2022 on the file of the learned II Additional District Judge, Visakhapatnam, filed the above civil revision petition (hereinafter referred to as 'the revision'), against the order, dated 27.06.2022 in I.A.No.183 of 2022.

2. Respondent No.1 herein, being the plaintiff, filed O.S.No.1 of 2022 against six defendants seeking the following reliefs:

a) Directing the Defendants 1 to 6 to execute Regular Registered Sale Deed in favour of the Plaintiff in respect of the Plaint Schedule Property in terms of the Sale Agreement Dated 17-08-2020 by receiving balance sale consideration of Rs.26,75,000/- and get it Registered at the expenses of the Plaintiff.

b) In case if the Defendants 1 to 6 fails to execute the Registered Sale Deed in favour of the Plaintiff as above, the Honourable Court may be pleased to execute the same on behalf of the Defendant No.6 in respect of the Plaint Schedule Property at their expenses.

IN THE ALTERNATIVE

c) If for any reason, this Honourable court comes to a conclusion the Plaintiff is not entitled for a Decree of Specific Performance of Agreement of Sale, to direct the Defendants 1 to 5 to repay advance sale consideration of Rs.33,25,000/- to the Plaintiff with subsequent interest @24% p.a. thereof from the date of its payment till the date of its realization.

3. The land to an extent of Ac.1-50 ½ cents or 1.00 hectare out of Ac.3-01 cents covered by S.No.267 of Dakamarri Village and Panchayat, Bheemunipatnam Mandal, Visakhapatnam District, is the suit schedule property. 4. The case, set out by the plaintiff, is that defendant No.1 is the mother of the defendants 2 to 5, and defendant No.6 is the brother-in-law of defendant No.1. Defendants 1 to 5 are the absolute owners of an undivided and unspecified extent of land for an extent of Ac. 1.50½ cents or 1.00 hectare out of Ac.3.01 cents of land covered by S.No.267 (old Survey No.59), Dakamarri Village and Panchayat, Bheemunipatnam Mandal, Visakhapatnam District (hereinafter referred to as 'the suit schedule property'). They acquired the same through Sri Muddada Appala Naidu, S/o Papu Naidu, the husband of defendant No.1 and father of defendants 2 to 5. Muddada Appala Naidu died on 28.06.2006.

ii) Muddada Appala Naidu, during his lifetime, approached the plaintiff and offered the suit schedule property for sale. Plaintiff agreed to purchase the land for a consideration of Rs. 40,00,000/- and paid Rs. 10,00,000/- as advance to late Muddada Appala Naidu, in the presence of defendants 1 to 5.

(iii) During negotiations, Muddada Appala Naidu informed the plaintiff that originally his father, late Muddada Papu Naidu, acquired the total extent of Ac.15.40 cents in old survey numbers 59, 60 and 61 of Dakamarri Village, Bheemunipatnam Mandal, Visakhapatnam District, by way of purchase from the Assistant Collector of Vizianagaram Estate vide proceedings No.Rc 6410/52-A.1/Revenue dated 01.09.1943. Later, the land was resurveyed, and the total extent of the land was recorded as Ac.14-53 cents with new survey numbers i.e. Ac. 10.96 cents in S.No.267 and Ac.3-57 cents in S.No.279/6. Later, Muddada Papu Naidu obtained Ryotwari Patta in respect of the above land vide Patta No.1911 from the Settlement Officer, Visakhapatnam.

(iv) Muddada Papu Naidu died intestate, leaving behind his two sons, Muddada Appala Naidu, Muddada Ramu Naidu (born to his second Wife) and his 2^nd wife, Muddada Atchayyamma, as his legal heirs. After the death of Muddada Papu Naidu, his legal heirs, Muddada Appala Naidu, Muddada Ramu Naidu and Muddada Atchayyamma, sold an extent of Ac. 11.52 cents out of Ac.14.53 cents to one Chelluri Sadananda Rao and his wife Chelluri Appalanarasamma and retained the remaining Ac.3.01 cents of land in S.No.267, Dakamarri Village.

(v) After the demise of Muddada Appala Naidu, defendants 1 to 5 approached the plaintiff and requested for more amount, and the plaintiff paid Rs.10,00,000/- out of the total sale consid