Dudekula Maddileti vs N.Siva Sankara Reddy,
2022 Latest Caselaw 7381 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE : S.A.No.419 of 2022 PROCEEDING SHEET Sl. Date ORDER OFFIC No. E NOTE

26.09.2022 SRS,J S.A.No.419 of 2022 Plaintiff filed the present second appeal against the judgment and decree, dated 28.06.2022 passed in A.S.No.22 of 2018 on the file of the VI Additional District Judge, Ananthapuram, Gooty, reversing the judgment and decree, dated 22.09.2017 passed in O.S.No.237 of 2010 on the file of the Junior Civil Judge, Tadipatri.

The suit in O.S.No.237 of 2010 was filed by the plaintiff for relief of specific performance of contract to execute Regular Sale Deed by the defendants 1 to 4 or in the event of failure of defendants 1 to 4 in executing regular registered sale deed, the Court has to execute a regular sale deed in favour of the plaintiff on behalf of the defendants and for costs.

The trial Court decreed the suit with costs. Aggrieved by the same, the 8th defendant preferred A.S.No.22 of 2018 and the same was allowed by judgment and decree dated 28.06.2022, reversing the judgment and decree in O.S.No.237 of 2010. Hence, the suit is dismissed. Therefore, the present Second Appeal is filed by the plaintiff.

Heard.

Admit.

The following substantial question of law arises for consideration.

Whether the lower appellate Court is justified in allowing the appeal by observing that suit is barred by limitation when Time is not the essence of Contract and suit is filed within three years of refusal as per Section 54(2) of the Limitation Act, 1963?

List the matter on 29.09.2022.

______ SRS,J KA