P.Jaya Prakash Rao, vs Pentakota Jagannadha Rao,
2022 Latest Caselaw 3251 AP

       HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

               MAIN CASE No.: S.A.No.295 of 2022

                       PROCEEDING SHEET

Sl.                                                                                 Office
        DATE                             ORDER
No.                                                                                 Note


03.   01.07.2022 KSR, J

                                S.A.No.295 of 2022

                       Appellant is the third party. He was
                 granted leave to file the present appeal. The 1st
                 respondent/plaintiff filed O.S.No.208 of 2008

on the file of Principal Senior Civil Judge at Gajuwaka against the 2nd respondent/defendant seeking specific performance of agreement of sale, dated 24.12.2006. The 2nd respondent contested the suit by denying the execution of the agreement of sale. After elaborate trial, the trial court decreed the suit by granting decree of specific performance, by judgment and decree dated 21st July, 2016. Aggrieved by the said Judgment and decree, the 2nd respondent/defendant filed A.S.No.98 of 2016 on the file of XIII Additional District Judge, Gajuwaka. The said appeal was dismissed by Judgment dated 25th April, 2022. During pendency of the appeal, the 2nd respondent/defendant sold the suit schedule property under a registered sale deed in favour of Dadi Jaggarao vide Document No.4559 of 2018, dated 15.09.2018. Subsequently, the said Dadi Jaggarao sold the said property under registered deed dated 13.12.2019 vide document No.5936 of 2019 in favour of the appellant. This factum of sale has been suppressed by the appellant before the Appellate court.

...Contd...

In view of the above facts and circumstances, and in view of the following substantial questions of the law;

1) Whether the Judgement of the lower appellate court is vitiated for non-joinder of necessary parties, having sold the suit schedule property in favour of 3rd parties by the 2nd respondent/defendant.

2) Whether the decree and judgment of both the courts are sustainable, since, the element of fraud was played on purchasers and without impleading them, the appeal was disposed of,

Admit the Second Appeal.

_____ KSR, J

I.A.No.4 of 2022

For the reasons mentioned in the accompanying affidavit and taking into consideration submissions made by the learned counsel for the appellant, there shall be stay of execution of the judgment and decree passed in O.S.No.208 of 2008, dated 21.07.2016 on the file of the Principal Senior Civil Judge at Gajuwaka, until further orders.

_____ KSR, J dmr