B JOGI REDDY Vs. BALDEV SINGH DIED

JUDGEMENT

(1.) Aggrieved by the judgment and decree of the learned Single Judge in C.C.CA. No. 191 of 1997 dated 7.2.2002 the present appeal is filed by the respondents therein, who were plaintiffs in O.S. No.1287 of 1989 on the file of the IV Additional Judge, City Civil Court, Hyderabad, which was decreed on 31.7.1997.

(2.) The appellant herein filed the above-mentioned suit against the deceased first respondent herein initially for the specific performance of an agreement of sale dated 31.3.1986 under Ex.A-1 executed by the deceased first respondent in favour of the plaintiff-appellant herein. The Trial Court by its judgment and decree dated 31.7.1997 decreed the suit. On appeal in C.C.CA. No. 191 of 1997, the learned Single Judge of this Court was pleased to allow the same. Hence, the present LPA.

(3.) The sole defendant/first respondent herein died during the pendency of the suit. After filing written statement, respondents 2 to 4 were brought on record as legal representatives of the deceased first respondent herein by an order of the Trial Court dated 11.3.1997 in LA. No.1769 of 1996. The learned Single Judge recorded at para 6 of the judgment that during the pendency of appeal, fourth defendant died and his legal representative is impleaded as fifth respondent.