PARASA BHASKAR RAO Vs. DOKKU GOVINDARAJULU

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, dated 07.01.2022in A.S.No.165 of 2018, on the file of the IX Additional District & Sessions Judge, Krishna, Machilipatnam ("First Appellate Court" for short), confirming the Judgment and decree, dated 18.07.2018in O.S.No.205 of 2007, on the file of Principal Senior Civil Judge, Machilipatnam ("Trial Court" for short).

(2.) The 2ndappellantherein is the2nd plaintiff and respondent Nos.1 to 7 herein are the defendants in O.S.No.205 of 2007. During the pendency of the suit, the sole plaintiff died and his legal representative was brought on record as 2nd plaintiff. During the pendency of the first appeal, the 1st respondent died and his legal representative brought on record as 8th respondent.

(3.) The deceased sole plaintiff initiated action in O.S.No.205 of 2007with a prayer for specific permanence of suit contract directing the defendants to execute a regular registered sale deed in favour of 2nd plaintiff and for alternative prayer if any reason, the Court is not inclined to grant a decree for specific performance, to grant a decree for refund of Rs.50,000.00 together with interest at 12% per annum against the defendants with a charge over the plaint schedule property from the date of contract till the date of suit and for costs of the suit.