SETI CHANDRA RAO Vs. SETI SURYAKANTAM

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure ("C.P.C." for short) is filed aggrieved against the Judgment and decree, dtd. 21/10/2009 in A.S.No.260 of 2006, on the file of learned IV Additional District Judge, East Godavari District, Kakinada, confirming the Judgment and decree, dtd. 13/11/2006 in O.S.No.31 of 1990, on the file of learned Senior Civil Judge, Peddapuram.

(2.) The appellant herein is the 2nd defendant, the respondents 1 to 4 herein are the plaintiffs 2 to 5 and the 5th respondent herein is the 1st defendant in O.S.No.31 of 1990, on the file of learned Senior Civil Judge, Peddapuram. During the pendency of the second appeal, the 2nd respondent died and his legal representatives were brought on record as respondents 6 to 9.

(3.) The plaintiff initiated action in O.S.No.31 of 1990, on the file of learned Senior Civil Judge, Peddapuram, with a prayer for specific performance directing the defendants to execute the sale deed after receipt of balance of sale consideration as per the terms of agreement of sale in respect of plaint schedule property and deliver possession of the same to the plaintiffs and for costs of the suit.