LAWS(APH)-2022-3-79

K. NABI RASOOL Vs. SIVA PRASAD

Decided On March 16, 2022
K. Nabi Rasool Appellant
V/S
SIVA PRASAD Respondents

JUDGEMENT

(1.) Heard Mr. G. Ramachandra Reddy, learned counsel for the appellants and Mr. M. Chalapathi Rao, learned counsel for the respondent.

(2.) The present appeal is directed against the Order dtd. 29/11/2021 in I.A. No.258 of 2021 in O.S. No.27 of 2021 passed by the learned Judge, Family Court -cum-VI Additional District Judge, Kadapa.

(3.) The respondent/plaintiff instituted a suit viz. OS No.27 of 2021 for specific performance of an 'Agreement for Sale'/ 'Agreement to Sell'/ 'Agreement of Sale' (as variously described in the papers annexed to this appeal) dtd. 6/3/2006 (hereinafter referred to as the 'Agreement') entered into between the appellants no.1 and 2 and the respondent with regard to a piece of land. The Agreement indicates that the parties would perform their part of the obligation(s) as per the terms therein and the cutoff date was fixed as 16/11/2006 indicating the consequences which would follow in the event the respondent did not perform his part of the contract as also for the appellants no.1 and 2 if they did not perform their part of the obligations.