VANAMA VEERA BHADRAIAH Vs. G VENKATANAM

JUDGEMENT

(1.) This CRP is filed against the order dated 18-6-2002 in LA. No.122 of 2000 in O.S. No.667 of 1988 on the file of the Senior Civil Judge, Miryalaguda. The order under revision came to be passed under peculiar circumstances.

(2.) The petitioner filed O.S. No.809 of 1989 in the Court of the Junior Civil Judge, Miryalaguda against the 2nd respondent for recovery of a sum of Rs.13,760.00. The suit was decreed on 4-10-1990. Since the decree was not complied with, the petitioner filed E.P. No. 13 of 1991 against the 2nd respondent.

(3.) The 1st respondent filed O.S. No.667 of 1988 in the Court of the Senior Civil Judge, Miryalaguda against the 2nd, respondent for the relief of specific performance of an agreement of sale. A sum of Rs.8,000.00 remained unpaid towards balance of consideration. The 1st respondent volunteered to deposit that amount into the Court, obviously to establish his plea that he was ready and willing to perform his part of contract. The suit was initially decreed ex parte. The 1st respondent also filed E.P. against the 2nd respondent. At the instance of the latter, the ex parte decree was set aside and the suit was restored to file.