KORUKONDA SRINIVAS Vs. PEDADA SRIRAM MURTHY

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India, is filed against the order dtd. 24/11/2022 in I.A.No.138 of 2022 in O.S.No.2 of 2021 on the file of the Court of I Additional District Judge, Srikakulam, allowing the application filed by the proposed defendants under Order 1 Rule 10 CPC r/w Rule 28 of Civil Rules of Practice to implead the petitioners No.1 and 2 as defendants No. 2 and 3 in the suit.

(2.) Heard Sri A.V.Pardhasaradhi, learned counsel for the revision petitioner/plaintiff and Sri G.Rama Gopal, learned counsel for the respondents 1 & 2/proposed defendants.

(3.) The Writ petitioner/respondent/plaintiff filed the suit against the 3rd respondent/defendant herein for specific performance of the agreement of sale dtd. 7/3/2019. The averments are to the effect that the plaintiff agreed to purchase Ac.17.81 cents out of Ac.23.75 cents in Sy.No.14-4A of Maruvada Village, Ranasthalam Mandal, Srikakulam District, for an amount of Rs.1,06,00,000.00 and both parties entered into an agreement of sale dtd. 7/3/2019. At the request of the defendant, the plaintiff made some payments in advance. The balance sale consideration is to be paid within 11 months from the date of agreement and the defendant shall execute a sale deed in favour of the plaintiff after payment of total sale consideration. However, as the defendant failed to execute the sale deed in spite of total payment, the plaintiff is constrained to file the suit.