KODAMAIA PARVATHAMMA Vs. MADDALI VENKATA SUBBAIAN

JUDGEMENT

(1.) THIS Second Appeal under Section 100 of the Code of Civil Procedure (for short, 'the Code') by the unsuccessful defendants 2 and 8 is directed against the judgment and decree dated 25.03.2009 of the learned V Additional District & Sessions Judge (Judge, Fast Track Court), Guntur passed in A.S. No. 109/2006 whereby the learned Additional District Judge while dismissing the said First Appeal had confirmed the decree and judgment dated 13.04.2006 of the learned Senior Civil Judge, Gurazala, Guntur District made in O.S. No. 98/2002 filed by the plaintiffs/respondents 1 to 3 herein, for grant of a decree against the defendants 1 to 6 for specific performance of an agreement of sale dated 29.03.1978 directing the said defendants to execute a regular registered sale deed in respect of 3/4th share of the property viz., vacant site and three shops bearing door Nos. 13 and 14 in 14th ward of Piduguralla village, Palnad Taluk of Guntur District, which is more fully described in the schedule annexed to the plaint. At the time of admission of the Second Appeal, this Court had taken note of the substantial questions of law urged in the grounds 1 to 3; and the said substantial questions of law are as under:

(2.) SUBMISSIONS of the party -in -person/second appellant/defendant No. 8 were heard. No submissions were made by the party -in -person/first appellant/second defendant. Submissions of the learned counsel for the contesting respondents/plaintiffs were heard. I have carefully perused the material record.

(3.) TAKING into consideration the above pleadings, the trial Court had framed the following issues for trial: