Ganagalla Yerribabu vs Matta Ganesh,
2022 Latest Caselaw 6603 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                              MAIN CASE : S.A.No.387 of 2022
                                   PROCEEDING SHEET
Sl.      Date                                  ORDER                              OFFICE
No.                                                                                NOTE

1.    08.09.2022
                   SRS,J
                                     S.A.No.387 of 2022
                         Defendant     filed   the   present   second    appeal
                   against the judgment and decree, dated 31.03.2022
                   passed in A.S.No.18 of 2019 on the file of learned
                   Principal District Judge, Visakhapatnam confirming
                   the judgment and decree, dated 20.11.2018 passed in
                   O.S.No.77 of 2016 on the file of learned Principal
                   Junior Civil Judge, Bheemunipatnam.

                         Respondent/plaintiff filed O.S.No.77 of 2016 for

specific performance of sale agreement, dated 25.01.2016 directing the defendant to execute the registered sale deed in favour of the plaintiff after receipt of the balance sale consideration, failing which the Court may be pleased to execute the registered sale deed on behalf of the defendant at the expenses of the plaintiff or alternatively, if the Court thinks that it is not possible for specific performance, order to refund an amount of Rs.20,000/- with subsequent interest at 24% per annum from the date of execution of the sale agreement, dated 25.01.2016 till the date of realization.

The trial Court decreed the suit with costs directing the defendant to execute registered sale deed in favour of the plaintiff as in respect of the suit schedule property within three months from the date of this judgment, failing which the plaintiff is entitled to have the same through process of law. The plaintiff is directed to deposit the balance sale consideration into the Court. Aggrieved by the same, defendant preferred A.S.No.18 of 2019 and the same was dismissed by judgment and decree, dated 31.03.2022 against which, the present second appeal is filed.

Heard.

Admit.

The following substantial questions of law arise for consideration.

1. Whether the judgments of the Courts below are vitiated in ignoring to consider the readiness and willingness on the part of the plaintiff as per Section 16(C) of the Specific Relief Act?

2. Whether the judgment of the trial Court is liable to be set aside since the trial Court did not follow the procedure contemplated under Order XVII Rule 2 of CPC?

______ SRS,J

I.A.No.1 of 2022

This petition is filed to stay all further proceedings in E.P.No.6 of 2021 in O.S.No.77 of 2016 on the file of learned Principal Junior Civil Judge, Bheemunipatnam pursuant to the judgment and decree, dated 31.03.2022 passed in A.S.No.18 of 2019.

Heard.

Learned counsel for the petitioner submits that Ex.A3/agreement of sale is forged one and the Courts below erred in not considering the same. He submits that subsequent to disposal of A.S.No.18 of 2019, respondent/plaintiff initiated execution proceedings to get sale deed registered. Hence, he prays to grant interim order.

As the second appeal is admitted, this Court deems it appropriate to grant interim order.

There shall be stay of all further proceedings in E.P.No.6 of 2021 in O.S.No.77 of 2016 on the file of learned Principal Junior Civil Judge, Bheemunipatnam, until further orders, on condition of petitioner depositing suit costs within four weeks from today.

Accordingly, this petition is ordered.

______ SRS,J ikn