JUDGMENT :

M.G. Priyadarsini, J.

Aggrieved by the judgment and decree dated 14.06.2023 in E.A.No.24 of 2023 (Old E.A.No.5 of 2021) in E.P. No.1403 of 2022 (Old E.P.No.65 of 2006) in O.S.No.13 of 2003 (hereinafter will be referred as ‘impugned order’) passed by the learned X Additional District Judge, R.R. District at L.B.Nagar (hereinafter will be referred as ‘trial Court’), the plaintiff preferred the present appeal to set aside the impugned judgment.

2. For the sake of convenience, the parties hereinafter are referred to as they are arrayed before the trial Court.

3. The brief facts of the case, which necessitated the appellant to file the present appeal, are that the plaintiff filed O.S.No.13 of 2003 on the file of I Additional District Judge at Mahaboobnagar seeking specific performance of agreement of sale dated 27.05.2003 against defendant Nos.1 and 2 and the said suit was decreed on contest on 02.09.2006. The plaintiff filed E.P. No.65 of 2006 subsequently renumbered as E.P.No.1403 of 2022. During the pendency of the EP, the claim petitioner i.e., the appellant herein has filed E.A.No.5 of 2021 subsequently renumbered as E.A.No.24 of 2023 under order XXI Rule 58 read with Sectio