Rayani Pullaiah vs Sankarasetty Varaprasad
2022 Latest Caselaw 5870 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                              MAIN CASE : S.A.No.344 of 2022
                                   PROCEEDING SHEET
Sl.      Date                                 ORDER                                   OFFICE
No.                                                                                    NOTE

1.

05.09.2022 SRS,J S.A.No.344 of 2022 Plaintiff filed the present second appeal against the judgment and decree, dated 09.05.2022 passed in A.S.No.13 of 2018 on the file of learned Senior Civil Judge, Parchur reversing the judgment and decree, dated 15.03.2018 passed in O.S.No.7 of 2011 on the file of learned Junior Civil Judge, Parchur.

The appellant being plaintiff initially filed O.S.No.7 of 2011 against defendant Nos.1 to 3 for specific performance of agreement of sale. Subsequently due to the death of defendant No.2, his

The trial Court decreed with costs granting the relief of specific performance of agreement of sale dated 13.08.1993 directing defendant Nos.1, 4 to 6 to execute a regular registered sale deed pertaining to plaint schedule property in obedience of Ex.A1, on or before 16.04.2018 and in case, defendant Nos.1, 4 to 6 failed to execute a sale deed within the time fixed by the Court, the plaintiff is at liberty to take up steps to get this decree to be executed through process of law. Aggrieved by the same, defendant No.1 preferred A.S.No.13 of 2018 and the same was allowed by judgment and decree, dated 09.05.2022 against which, the present second appeal is filed by the plaintiff. Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the judgment of the lower appellate Court is vitiated in ignoring to consider Ex.A1 in proper perspective when defendant No.1 admitted execution of Ex.A1?

2. Whether the judgment and decree of the lower appellate Court below is vitiated in not framing points for consideration under Order 41 Rule 31 of C.P.C.?

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I.A.No.1 of 2019

Post along with second appeal.

______ SRS,J ikn