Md.Noorjahan Begum vs Shaik Rahimunnisa Begum
2022 Latest Caselaw 9761 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                        MAIN CASE : S.A.No.554 of 2022
                             PROCEEDING SHEET

Sl.      Date                                    ORDER                                  OFFICE
No.                                                                                      NOTE

1.

20.12.2022 SRS,J S.A.No.555 of 2022 Defendant in the suit filed the present second appeal against the judgment and decree dated 07.09.2022 in A.S.NO.134 of 2018 on the file of the I Additional District Judge, Krishna, Machilipatnam confirming the judgment and decree dated 18.06.2018 in O.S.No.242 of 2013 on the file of the Additional Senior Civil Judge, Machilipatnam.

O.S.No.242 of 2013 is filed for specific performance of agreement of sale dated 11.08.2013 after receipt of balance sale consideration of Rs.5,00,000/- and put the plaintiff in possession of the schedule property, if failed to do so, the court to execute sale deed in favour of plaintiff at her expenses or also alternative relief to direct the defendant to return the agreement amount with costs.

The trial Court decreed the suit with costs. Aggrieved by the same, defendant preferred appeal A.S.No.134 of 2018 and the same was dismissed. Hence, the present Second Appeal is filed by the defendant.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the judgments of Courts below are vitiated in decreeing the suit without recording finding of readiness and willingness of the plaintiff in a suit for specific performance?

2) Whether plaintiff proved his readiness and willingness throughout to get the relief of specific performance?

______ SRS,J I.A.No.2 of 2022 Heard.

There shall be stay of all further proceedings pursuant to the judgment and decree dated 18.06.2018 in O.S.No.242 of 2013 on the file of the Additional Senior Civil Judge, Machilipatnam confirmed by judgment and decree dated 07.09.2022 in A.S.No.134 of 2018 on the file of the I Additional District Judge, Krishna, Machilipatanam, pending further orders subject to payment of entire suit costs within a period of four (4) weeks from today.

______ SRS,J

KA/BRS