Peddi Srinivasa Rao vs. Vuyyuru Siva Prasad
Court:High Court of Andhra Pradesh
Judge:Hon'ble Subba Reddy Satti
Case Status:Unknown Status
Order Date:20 Dec 2022
CNR:APHC010598992022
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Subba Reddy Satti
Listed On:
20 Dec 2022
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Order Text
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
MAIN CASE : S.A.No.535 of 2022
PROCEEDING SHEET
| Sl.<br>No. | Date | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| 1. | 20.12.2022 | SRS,J | |
| S.A.No.535<br>of 2022 | |||
| Plaintiff in the suit<br>filed the present second appeal | |||
| against the judgment and decree<br>dated 08.07.2022 in | |||
| A.S.No.353 of 2016 on the file of the Principal District | |||
| Judge, Guntur, reversing the judgment and decree dated | |||
| 13.10.2016 in O.S.No.621 of 2011 on the file of the III<br>Additional Junior Civil Judge, Guntur. | |||
| O.S.No.621<br>of 2011<br>is filed<br>for specific performance | |||
| of<br>contract<br>of<br>sale<br>dated<br>02.09.1988<br>executed<br>by | |||
| defendant, his father and brother through GPA holder in | |||
| favour of plaintiff in respect of plaint schedule property, | |||
| directing the defendant to execute a regular sale deed in | |||
| favour of plaintiff in respect of plaint schedule property | |||
| within a stipulated period and for costs. | |||
| The<br>trial<br>Court<br>decreed<br>the<br>suit<br>with<br>costs. | |||
| Aggrieved<br>by<br>the<br>same,<br>defendant<br>preferred<br>appeal | |||
| A.S.No.353<br>of 2016<br>and the same was allowed. Hence, the | |||
| present Second Appeal is filed by the plaintiff. | |||
| Heard. | |||
| ADMIT. | |||
| The following substantial questions of law arise for | |||
| consideration. | |||
| 1)<br>Whether non-joinder of parties would disentitled | |||
| the<br>plaintiff<br>to<br>get<br>the<br>relief<br>of<br>specific | |||
| performance? |
-
- Whether the judgment of the lower appellate Court is vitiated in coming to a conclusion in not properly appreciating the evidence on record and taking into consideration the relevant material?
-
- Whether the Courts below considered the documents filed by the plaintiff in a proper perspective?
______ SRS,J
I.A.No.1 of 2022
Issue notice to the respondent.
Learned counsel for the petitioner is permitted to take out personal notice to the respondent by registered post with acknowledgment due and file proof of service in the Registry.
List on 31.01.2023.
______ SRS,J
KA/BRS
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