Kancherla Udaya Bhaskararao vs Ravada Satyanarayana
2023 Latest Caselaw 196 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
                               MAIN CASE : S.A.No.19 of 2023
                                      PROCEEDING SHEET

Sl.      Date                                  ORDER                                   OFFIC
No.                                                                                      E
                                                                                       NOTE

1.    18.01.2023
                   SRS,J
                                         S.A.No.19 of 2023

                         1st defendant in suit filed the present second
                   appeal      against   the   judgment      and    decree     dated
                   24.08.2022 in A.S.No.89 of 2017 on the file of the
                   Principal      District     Judge,     East      Godavari      at
                   Rajamahendravaram, reversing the judgment and decree
                   dated 12.04.2017 in O.S.No.61 of 2013 on the file of the
                   Senior Civil Judge, Ramachandrapuram.

                         O.S.No.61 of 2013 is filed for specific performance
                   of agreement of sale dated 18.10.2012 directing the 1st
                   defendant to execute registered regular sale deed in
                   favour of plaintiff at his expenses or in the alternative the
                   1st defendant failed to execute the sale deed, to refund
                   the amount of Rs.6.00 lakhs with interest at 12% per
                   annum from the date of filing of the suit till the date of
                   realization by creating charge over the plaint schedule
                   property and for costs of the suit.

                         The trial Court dismissed the suit with costs.
                   Aggrieved     by    the   same,   plaintiff   preferred   appeal
                   A.S.No.89 of 2017 and the same was allowed confirming
                   the decree and judgment of the trial Court. Hence, the
                   present Second Appeal is filed by 1st Defendant.

                         Heard.
                         ADMIT.

                         The following substantial questions of law arise for
                   consideration.
      1) Whether the finding of the lower appellate
         Courts regarding execution of Ex.A.1 and
         financial capacity of the 1st respondent are

supported by evidence ?

2) Whether decreeing the suit basing on Ex.A.1 is sustainable in view of admission of P.W.1 that the schedule property is joint family property and other sharers are not parties to Ex.A.1?

_______ SRS,J I.A.No.1 of 2023

Heard.

There shall be stay of execution of decree in O.S.No.61 of 2013 on the file of the Senior Civil Judge, Ramachandrapuram on condition of petitioner/appellant depositing the suit costs to the credit of the above suit within a period of six (6) weeks from today. If the petitioner fails to deposit the said amount within six weeks, the interim order stands vacated without any further reference.

_______ SRS,J KA