THE HON’BLE SRI JUSTICE T. VINOD KUMAR

AND

THE HON’BLE SMT. JUSTICE P.SREE SUDHA

CIVIL MISCELLANEOUS APPEAL No.61 of 2023

JUDGMENT: (Per Hon’ble Sri Justice T.Vinod Kumar

This Civil Miscellaneous Appeal is filed against the order dated

02.01.2023 passed in I.A.No.816 of 2021 in O.S.No.58 of 2020 on the file

of the IV Additional District Judge, at Sanga Reddy.

2. The Appellant herein is the plaintiff in the above suit filed for Specific Performance of Agreement of Sale dated 29.07.2019 under Order VII Rule 1 of Civil Procedure Code (for short ‘CPC’), and respondent No.1 in the underlying Interlocutory Application filed under Order XXXIX Rule

4 CPC.

3. It is the case of the appellant that, he had entered into an agreement of sale on 29.07.2019 with respondent No.1 in respect of sale of ten flatsin Sri Ayyappa Sai Ram Residency-4, situated at Kistareddypet village, Ameenpur Mandal at Sanagreddy District for total sale consideration of Rs.2,00,00,000/- (Rupees Two Crores only); and that, the respondent No.1 received an amount of Rs 5,00,000/- (Rupees Five Lakhs) by way of Cheque dated 29.07.2019 and Cash of Rs.45,00,000/- (Rupees Forty Five

Lakhs Only) as part advance sale consideration.

4. Appell