SUGGULA VENKATA SUBRAHMANYAM Vs. DESU VENKATA RAMA RAO

JUDGEMENT

(1.) Arising from the order dated 05.06.2006 passed by the Principal Senior Civil Judge, Tenali, in E.A. No. 525 of 2001 in E.P. No. 70 of 2000 in O.S. No. 250 of 1989, this Civil Revision Petition focuses on the powers of the executing Court under Section 47 of the Code of Civil Procedure, 1908 (CPC).

(2.) Facts germane to this adjudication: The first respondent herein filed the suit O.S. No. 250 of 1989 for specific performance of agreement of sale dated 19.10.1987 executed by the petitioners. The said suit was decreed on 14.07.1994 directing the petitioners to execute a sale deed in favour of the first respondent in respect of the plaint schedule property within three months and if they failed to do so, the first respondent was given the liberty to get the sale deed executed through due process of law. The first respondent had to pay a total sale consideration of Rs. 1,10,000/ - as per the terms of the agreement. Out of the same, admittedly he had paid only Rs. 43,000/- by the date of institution of the suit and the balance of Rs. 67,000/- remained outstanding.

(3.) The first respondent filed E.P. No. 70 of 2000 on 31.01.2000 seeking execution of the aforestated decree. He died thereafter and his legal representatives, respondents 2 to 6, were brought on record.