Peddi Srinivasa Rao vs Vuyyuru Siva Prasad
2022 Latest Caselaw 9763 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                            MAIN CASE : S.A.No.535 of 2022

                                     PROCEEDING SHEET


Sl.      Date                                      ORDER                                        OFFICE
No.                                                                                              NOTE

1.    20.12.2022
                   SRS,J
                                            S.A.No.535 of 2022

                          Plaintiff in the suit filed the present second appeal
                   against the judgment and decree dated 08.07.2022 in
                   A.S.No.353 of 2016 on the file of the Principal District
                   Judge, Guntur, reversing the judgment and decree dated
                   13.10.2016 in O.S.No.621 of 2011 on the file of the III
                   Additional Junior Civil Judge, Guntur.

                          O.S.No.621 of 2011 is filed for specific performance
                   of   contract     of   sale    dated   02.09.1988         executed     by
                   defendant, his father and brother through GPA holder in
                   favour of plaintiff in respect of plaint schedule property,
                   directing the defendant to execute a regular sale deed in
                   favour of plaintiff in respect of plaint schedule property
                   within a stipulated period and for costs.

                          The    trial    Court    decreed    the   suit      with    costs.
                   Aggrieved    by    the    same,     defendant     preferred       appeal
                   A.S.No.353 of 2016 and the same was allowed. Hence, the
                   present Second Appeal is filed by the plaintiff.

                          Heard.
                          ADMIT.

                          The following substantial questions of law arise for
                   consideration.

                          1) Whether non-joinder of parties would disentitled
                               the   plaintiff    to   get   the    relief    of     specific
                               performance?
       2) Whether the judgment of the lower appellate
         Court is vitiated in coming to a conclusion in not
         properly appreciating the evidence on record and
         taking into consideration the relevant material?

      3) Whether   the   Courts   below   considered     the
         documents filed by the plaintiff in a proper
         perspective?

                                                    ______
                                                       SRS,J
                    I.A.No.1 of 2022

      Issue notice to the respondent.

Learned counsel for the petitioner is permitted to take out personal notice to the respondent by registered post with acknowledgment due and file proof of service in the Registry.

List on 31.01.2023.

______ SRS,J

KA/BRS