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2024 Supreme(Online)(AP) 12958

HIGH COURT OF ANDHRA PRADESH
Dr. V.R.K. Krupa Sagar, J
CHINTAMANENI RAMA KOTESWARA RAO AND ANR – Appellant
Versus
KAPILAVAI RAMA SUJATHA – Respondent


Advocates:
M RADHAKRISHNA, S V R SUBRAHMANYAM

JUDGMENT:

1. The vendors in a suit for specific performance are the appellants herein and were defendants before the trial court. Their defence was negatived by the trial court and therefore in this appeal under section 96 CPC, they impugn the judgment dated 27.12.2012 in O.S.No.141 of 2006 of the learned XIII Additional District Judge, Krishna District at Vijayawada.

2. There are two appellants. 1st appellant is the father and 2nd appellant is his son. 1st appellant/ Sri Ch. Rama Koteswara Rao died on 10.09.2023. Informing the same, a memo dated 28.04.2024 was filed showing the son of the deceased/ 2nd appellant/ Sri Ch.Sri Krishna as his legal representative. Respondent herein was the plaintiff before the court below. While the appeal was filed in the year 2013 mentioning various grounds in the memorandum of grounds of appeal by a memo dated 11.11.2022 appellants raised additional grounds for consideration.

3. Sri M Radha Krishna, the learned counsel for appellants and Sri SVR Subrahmanyam, the learned counsel for respondent submitted arguments.

4. Ex.A1 is an unregistered non possessory agreement for sale dated 16.09.2006. Before the trial court, the principal question that fell for

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