Proddatur vs Unknown
2022 Latest Caselaw 5124 AP

           HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                     MAIN CASE NO.: S.A.No.268 of 2022
                               PROCEEDING SHEET

Sl.                                                                               OFFICE
        Date                                     ORDER
No.                                                                                NOTE

07    11.08.2022   SRS,J
                                   S.A.No.268 of 2022

                          1st defendant in O.S.No.109 of 2007 filed
                   the above second appeal against the judgment
                   and decree dated 13.07.2020 in A.S.No.66 of
                   2011 on thefile of II Additional District Judge,
                   Kadapa at Proddatur, confirming the judgment
                   and decree dated 08.09.2011 in O.S.No.109 of
                   2007    on    the      file    of   Senior   Civil    Judge,
                   Proddatur.
                          1st respondent herein, being the plaintiff

filed suit O.S.No.109 of 2007 against the appellants hereinfor specific performance of agreement of sale. Appellants herein remained exparte. However, respondents 2 to 4 herein filed application, came on record and contested the suit. Vide judgment and decree dated 08.09.2011, suit was decreed. Against the said judgment and decree, respondents 2 to 4 herein being defendants 2 to 4 filed A.S.No.66 of 2011. The first appellate Court vide judgment and decree dated 13.07.2020 dismissed the appeal.

Heard.

Learned counsel for appellant would contend that though the appellant did not contest the suit, 1st respondent since filed the suit for specific performance, has to plead and prove his readiness and willingness and neither the trial Court nor the first appellate Court not considered that aspect. Hence, the above second appeal.

ADMIT.

The following are the substantial questions of law:

(1) Whether the judgments of the Courts below are vitiated in not framing the issue in the suit or point for consideration in the appeal, with regard to readiness and willingness of plaintiff in the suit?

(2) Whether the judgments of the Courts below are vitiated in ignoring to consider the evidence of P.Ws.1 and 2 in proper perspective?

(3) Whether the judgment of the first appellate Court is vitiated in not framing the proper points for consideration under Order 41 of CPC?

___________ SRS, J

I.A.No.1 of 2022

Notice.

Learned counsel for appellant is permitted to take out personal notice to respondents 1 to 4 by RPAD and file proof of service by 01.09.2022.

___________ SRS, J

PVD