THE HON’BLE SRI JUSTI CE SAMBASI VA RAO NAI DU

JUDGMENT:

The second defendant in OS.No.1112 of 2012 being aggrieved by the order of the trial Court dated 13-11-2017, where under, though the trial Court dismissed the suit filed by respondent/plaintiff, dismissed his counter claim on the ground that he did not issue mandatory legal notice for seeking specific performance, filed this First Civil Appeal under Section 96 of Civil Procedure Code (for short ‘C.P.C.’) and assailed the finding of the trial Court against his counter claim.

2. Before adverting to the grounds on which this appeal is filed for the sake of convenience and clarity, it is just and necessary to refer the pleadings of both parties as well as impugned judgment dated 13-11-2017 in OS.No.1112 of 2012 on the file of XVII Addl. Senior Civil Judge, City Civil Court, Hyderabad.

3. The parties will be referred to as they are shown in the original suit. The plaintiff has filed OS.No.1112 of 2012 with a prayer to declare the registered agreement of sale cum GPA (with possession) of the defendant No.2 bearing Document No.3319 of 2010 dated 16-09-2010 as null and void and cancel the same from operation in respect of schedule prope