GADDIPATI DIVIJA Vs. PATHURI SAMRAJYAM

JUDGEMENT

(1.) These two appeals are directed against the judgment and final order dtd. 5/10/2010 passed by the High Court of Andhra Pradesh at Hyderabad (hereinafter referred to as 'High Court') in Appeal Suit No. 45 of 2008 filed by Respondent No. 1 herein against the judgment and decree dtd. 22/8/2007 passed by the Additional Senior Civil Judge, Ongole (hereinafter referred to as 'Trial Court') in O.S. No. 142 of 2004; and order dtd. 10/12/2010 in ASMP No. 2292 of 2010 filed by the Appellants herein, seeking to recall the aforementioned judgment dtd. 5/10/2010 passed in Appeal Suit No. 45 of 2008.

(2.) The High Court allowed Appeal Suit No. 45 of 2008 filed by Respondent No. 1 and set aside the judgment and decree dtd. 22/8/2007 passed by the Trial Court in O.S. No. 142 of 2004, thereby directing the Appellants herein to execute sale deed in favour of Respondent No. 1 herein after receiving balance sale consideration. The subsequent ASMP No. 2292 of 2010 filed by the Appellant herein was dismissed.

(3.) The Appellants in the present case (represented by their maternal grandmother) are the minor children of one G. Venugopala Rao, who died on 13/5/2003, leaving behind his wife and the Appelants herein. The brief facts giving rise to the present appeals are that during his lifetime G. Venugopala Rao purchased the suit schedule property measuring Ac. 0.90 cents from one B. Alivelu Mangamma under a registered sale deed and obtained possession of the same. Subsequently, on 14/8/2002, G. Venugopala Rao executed an agreement of sale with Respondent No. 1 herein, whereby he agreed to sell the aforementioned suit schedule property measuring Ac. 0.90 cents to Respondent No. 1 herein for a sale consideration of Rs.11,88,000.00 (@ Rs.2,200.00 per annum) out of which Respondent No. 1 herein paid an amount of Rs.4,00,000.00 as advance. Under the said agreement, G. Venugopala Rao agreed to execute the sale deed in favour of Respondent No. 1 after demarcating the land and receiving the balance sale consideration within three months.