Damma Narasinga Rao vs Tentu Chinnam Naidu
2023 Latest Caselaw 166 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                         MAIN CASE : S.A.No.9 of 2023
                             PROCEEDING SHEET

Sl.      Date                                   ORDER                                    OFFIC
No.                                                                                        E
                                                                                         NOTE

1.

06.01.2023 SRS,J S.A.No.9 of 2023

Defendants filed the present second appeal against the judgment and decree dated 16.09.2022 in A.S.No.11 of 2018 on the file of the II Additional District Judge, parvathipuram, reversing the order and decree dated 05.02.2018 in O.S.No.228 of 2009 on the file of the Principal Junior Civil Judge, Bobbili.

O.S.No.228 of 2009 is filed for specific performance of an agreement of sale, directing the defendants to execute register sale deed in alternative for refund of earnest money with costs.

Trial Court dismissed the suit without costs. Aggrieved by the same, plaintiffs preferred A.S.No.11 of 2018 and the same was allowed. Hence, aggrieved by the same, defendants preferred the above second appeal.

Heard.

ADMIT.

The following substantial questions of law arise for consideration.

1) Whether the judgment of the lower appellate Court is vitiated in not framing a point for consideration under Order 41 Rule 31 of CPC?

2) Whether the judgment of the lower appellate Court is vitiated in not giving any finding regarding readiness and willingness on the part of the plaintiffs?

_______ SRS,J

KA/MVK