M LAKSHMAN Vs. V T RAO

JUDGEMENT

(1.) This civil miscellaneous appeal is filed under Rule 58(4) of Order XXI C.P.C. against the Order dated 30-7-2003 in E.A. No.404 of 1995 in E.P. No.25 of 1993 passed by the learned Principal Senior Civil Judge, R.R District.

(2.) The first respondent filed O.S, No.287 of 1987 against Respondents 2 to 11, for the relief of specific performance of an agreement of sale said to have been executed by Respondents 2 and 3. The suit was decreed. The first respondent filed E.P. No.25 of 1993. A sale deed is executed in accordance with the decree. At the stage of delivery of possession, the appellants filed E.A. No.404 of 1995 under Rule 58 of Order XXI C.P.C.

(3.) According to (he appellants, the property in question was held by late Dasarath, the father of Appellants 1, 2 and Respondent 4. It is their case that late Dasarath died intestate on 7-1-1983 and the property left by him was not partitioned. They state that Respondents 2 and 3, who are wife and son, respectively of Respondent No.4, without any title or right, had entered into an agreement of sale with the first respondent. They also referred to suits, being O.S.Nos.35 and 36 of 1987 on the file of Junior Civil Judge, Medchal, filed by them for declaration of their title in respect of the land.