THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CITY CIVIL COURT APPEAL No.94 OF 2019

JUDGMENT:

This is an appeal filed by the appellant, being aggrieved by the order, dated 29.01.2019 passed in E.A.No.94 of 2016 in E.P.No.4 of 2016 in O.S.No.2204 of 2012 by the learned VII Senior Civil Judge, City Civil Court at Hyderabad (for short “the trial Court”).

2. The appellant herein is the claim petitioner, while respondent No.1 is the Decree Holder/plaintiff and respondent No.2 is the Judgment Debtor/defendant before the trial Court. For the sake of convenience and clarity, the parties herein are referred to as they were arrayed before the trial Court.

3. To avoid confusion, the pleadings in O.S.No.2204 of 2012 and the result thereon is discussed in the first instance.

4. The case of the plaintiff before the trial Court is that the father of defendant late Ali Ahmed had entered into an agreement of sale in respect of the property bearing old Municipal No.634 (new Municipal No.21-1-1098/9/10/11), situated at Rikabgunj, Pathergatti, Hyderabad, admeasuring 375 Sq.yards under an agreement of sale dated 23.02.2001, having received the entire sale consideration of Rs.8,00,000/- on the said date. It