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2018 Supreme(AP) 448

D.V.S.S.SOMAYAJULU
V. Srinivasa Reddy – Appellant
Versus
N. Hanumantha Reddy – Respondent


Advocates Appeared:
For the Petitioner:P. Badri Premnath, Advocate.
For the Respondent:V. Hari Haran, Advocate.

JUDGMENT :

1. The present application is filed questioning the order dated 23.03.2018, passed in E.A.58 of 2013 filed under order 21 Rule 97 C.P.C. in E.P No.10 of 2018 in O.S.No.36 of 2001, by the Senior Civil Judge, Zaheerbad. The appellants are the claim petitioners in E.P No.10 of 2008.

2. The appellants/claim petitioners claimed to have entered into an oral agreement of sale with regard to the suit schedule property with respondents No.2 to 9 on 26.08.1997. According to the claim petitioners, on 03.05.2007 the respondents 2 to 9 have received the entire sale consideration from the appellants and had also executed a sale deed dated 03.05.2007, bearing documents No. 9006 of 2007 conveying the schedule property. They claimed to be in possession of the property and that they also state that their names are mutated in the Revenue records.

3. Sri N.Hanumantha Reddy (presently - Respondent No.1), is a person who is said to be holding an agreement of sale with respondent Nos. 2 to 9, in I.A.No.1 of 2018, for the same land. This agreement was supposedly executed on 29.12.1997. The said Humanath Reddy filed a suit O.S. 36 of 2001 for specific performance of the agreement of sale in his fav







































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