Uggumudi Venkatakrishna Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 5235 AP

        HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: S.A.No.469 of 2021
                               PROCEEDING SHEET
Sl.
                                                                                  OFFICE
No.     DATE                                 ORDER
                                                                                   NOTE
09    17.08.2022   SRS,J
                                   I.A.No.01 of 2021
                          Plaintiff in the suit O.S.No.148 of 2007
                   on the file of the II Additional Senior Civil
                   Judge, Kakinada filed the present second
                   appeal.     The     suit     is    filed    for     specific
                   performance of oral agreement of sale or in
                   the alternative for refund of Rs.4,00,000/-
                   with interest and costs.
                          The said suit was dismissed by the trial
                   Court. Against the judgment and decree of
                   the trial Court, plaintiff filed A.S.No.83 of
                   2011 on the file of the VI Additional District
                   Judge, Kakinada. The Lower appellate Court
                   while dismissing the appeal in respect of
                   specific performance, decreed the suit in
                   respect of refund of amount.
                          Against the said decree and judgment,
                   the present appeal is filed with delay of 434
                   days. In paragraph No.4 of the affidavit, the
                   reasons were stated with regard to delay.
                          This     Court      ordered        notice    to   the
                   respondent.       Sri      M.R.S.Srinivas,          learned

counsel appeared for the respondent. Respondent filed counter and opposing application stating that no valid reasons were assigned to condone the delay of 434 days.

During the course of arguments, it was brought to the notice of this Court that respondent filed S.A.No.333 of 2019 against the grant of relief of refund of amount by the lower appellate Court in A.S.No.83 of 2011, and the same was admitted by this Court. Now, the said appeal is pending for consideration.

The present appeal is filed by the plaintiff against the judgment and decree of

lower appellate Court for not granting relief of specific performance. Since the appeal filed by the defendant in the suit is already pending before this Court and in view of the reasons mentioned in paragraph No.4 of the accompanying affidavit, the petition is allowed subject to payment of costs of Rs.2,000/- to the Andhra Pradesh High Court Legal Services Authority within a period of six (6) weeks today.

_______ SRS,J

S.A.No.354 of 2022

Heard learned counsel for the appellant.

Admit.

The following substantial questions of law are framed for consideration.

"1. Whether the judgments of Courts below are vitiated in not considering that the time is essence of the contract in case of immovable property and the possession was delivered after receiving entire sale consideration?

2. Whether the judgments of Courts below are vitiated in not considering the conduct of the defendant?

3. Whether the judgments of the Courts below are vitiated in not considering the evidence of P.Ws.2 to 4 properly?

List this matter along with S.A.No.333 of 2019 _______ SRS,J Ksp