GONUGUNTA GOPALA KRISHNA MURTHY Vs. UPPALA JWALA NARASIMHAM

JUDGEMENT

(1.) This C.R.P. is filed against the order dated 26th April, 1996 in C.F.R.No. 1248 in O.S.No.18 of 1996 on the file of learned Subordinate Judge, Kandukur.

(2.) The above suit was filed for specific performance of contract praying the Court to pass a Judgment and decree in favour of the plaintiff directing the defendants to execute a regular registered sale deed in respect of the suit schedule property after receiving the balance of sale consideration and deliver the vacant possession of the property to the plaintiff, failing which the plaintiff should be at liberty to get the same done through the process of the Court and further sought a direction to restrain the defendants, their men, heirs and assignees from raising any super-structures in the schedule property by means of permanent injunction and to pay costs of the suit.

(3.) The above suit was filed on the basis of an agreement of sale dated 1-3-1996 entered into between the petitioner/ plaintiff and the respondents/defendants. The learned Subordinate Judge, before numbering the above suit, directed the plaintiff, in view of Explanation (i) to Section 16 (c) of the Specific Relief Act 1963, to prepare to deposit the sale consideration after filing of the written statement while directing the Sheristadar of the Court to register the plaint, if otherwise in order. Assailing the correctness of the order, the present C.R.P. is filed by the petitioner/ plaintiff.