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2023 Supreme(Telangana) 119

M. G. PRIYADARSINI
Sri Sri Housing Constructions, (Builders and Developers) Rep by its Managing Partners: Sama Narasimha Reddy, S/o. Pothi Reddy, K. Bhoopathi Raju, S/o. Late Purushotham Raju – Appellant
Versus
Kanuri Annapuran, W/o. K. Prasad – Respondent


Advocates Appeared:
For the Appellants : R. Madhavi Latha.
For the Respondents: Srikanth Hariharan.

JUDGMENT :

1. The present appeal is directed against the order dated 02.11.2010 in E.A.No. 18 of 2007 in E.P.No. 8 of 2007 in O.S.No. 419 of 2006 on the file of II Additional District Judge, Ranga Reddy District at NTR Nagar, Hyderabad. By the impugned order, the application filed by the appellants herein under Order XXI Rule 58 C.P.C. seeking dismissal of Execution Petition No. 8 of 2007 was dismissed by the learned Executing Court.

2. The appellants herein are the claim petitioners, third parties; the respondent No. 1 is the decree holder and the respondent Nos. 2 to 4 are judgment debtors in O.S. No. 419 of 2006. Originally, the decree holder, respondent No. 1 herein, filed the suit in O.S. No. 419 of 2006 seeking specific performance of agreement of sale dated 20.08.2005 executed by the judgment debtors, respondent Nos. 2 to 4 herein in respect of suit schedule property. The respondent Nos. 2 to 4 remained ex parte to the suit proceedings. Ultimately, the suit was decreed ex parte on 11.10.2006 as prayed for and the respondent Nos. 2 to 4 were directed to execute the sale deed in favour of the respondent No. 1 in respect of the suit schedule property within two months from the

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