KANDULA SURYA KUMARI Vs. GUTHULA KANNABABU (DIED)

JUDGEMENT

(1.) This second appeal is filed aggrieved against the Judgment and decree dtd. 13/7/2023 in A.S.No.10 of 2021 on the file of the VIII Additional District and Sessions Judge cum Special Judge for Trial of Offences against Women, Rajamahendravaram, East Godavari District, confirming the Judgment and decree dtd. 30/12/2020 in O.S.No.698 of 2010 on the file of the I Additional Senior Civil Judge, Rajamahendravaram.

(2.) The appellants herein are defendants 3 to 5, respondents 1 and 2 are plaintiffs 1 and 2 and respondents 3 and 4 are defendants 1 and 2 in O.S.No.698 of 2010 on the file of I Additional Senior Civil Judge 's Court, Rajamahendravaram.

(3.) The 1st plaintiff initiated action in O.S.No.698 of 2010 on the file of the I Additional Senior Civil Judge, Rajamahendravaram, for specific performance of agreement of sale dtd. 3/5/2010 directing the defendants 1 to 3 to execute a registered sale deed in his favour upon receipt of balance of sale consideration or in the alternative, to pass a decree for a sum of Rs.4,15,213.00 together with subsequent interest thereon with a charge on the plaint schedule property and for costs of the suit. During the pendency of the suit, the 1 st plaintiff died and the 2nd plaintiff was added as legal heir of deceased 1 st plaintiff as per orders in I.A.No.1822 of 2014, dtd. 16/4/2015 and later, he was declared as major as per orders in I.A.No.1087 of 2019, dtd. 23/12/2019; So also, the 1st defendant died and defendants 4 and 5 were added as legal representatives of deceased 1st defendant as per orders in I.A.No.139 of 2011, dtd. 26/6/2012 and they were declared as majors as per orders in I.A.No.1088 of 2019, dtd. 23/12/2019.