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L.NARASIMHA REDDY, K.G.SHANKAR
M. Parvathi – Appellant
Versus
Penumatcha Satyanarayana Raju – Respondent
L. Narasimha Reddy, J.— This appeal is directed against the order, dated 30.5.2011, passed by the Court of IV Additional District Judge, Visakhapatnam, in an application filed under Section 47, Rules 97 to 101 of Order XXI CPC, being E.A.No.3 of 2009 in E.P.No.26 of 2008 in O.S.No.326 of 2007.
2. The facts that gave rise to the filing of the appeal are as under:
Respondents 1 and 2 filed O.S.No.326 of 1998 against respondents 3 to 8 in the Court of IV Additional Senior Civil Judge (FTC), Visakhapatnam, for the relief of specific performance of an agreement of sale, dated 09.10.1993, in respect of the suit schedule property, being an extent of Ac.0.65 cents of land in R.S.No.59/P of Maddilapalem Village, Visakhapatnam District. An ex parte decree was passed on 6.8.2004. Based upon the decree, the E.P. was filed and a sale deed was executed by the Court on 23.12.2006. Alleging that respondents 3 to 8 herein occupied the land covered by the sale deed high handedly and raised thatched sheds, respondents 1 and 2 filed O.S.No.326 of 2007 in the Court of IV Additional District Judge, Visakhapatnam, for the relief of recovery of possession. The suit was decreed ex parte on 23.9.2
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