KUCHIBHOTLA VENKATA NARSIMHA PERAYYA SASTRY ADOPTED K VENKATA RAO Vs. NARSIMHADEVARA JAGDEESWARA RAMA KRISHNA

JUDGEMENT

(1.) This C.M.S.A. is filed against the judgment, dated 28.4.2005, in A.S.No.111 of 1998, on the file of the IV Additional District Judge (Fast Track Court), Tanuku, The said appeal was filed by the appellant herein, against the order dated 27.8.1998, passed by the Court of Subordinate Judge, Tanuku, in I.A.No.629 of 1993 in O.S.No.153 of 1972.

(2.) The relevant facts may briefly , be stated as under. O.S.No. 153 of 1972 was filed, for the relief of partition and separate possession of the suit schedule properties. The appellant herein is one of the parties to the same. A preliminary decree was passed in the suit. It became final, on being affirmed by this Court in L.P.A.No.101 of 1979. No final decree proceedings have been initiated for quite a long time.

(3.) During the pendency of O.S.No.153 of 1972, one Sri Satyanandam, the father of the 1st respondent and husband of 2nd respondent, entered into an agreement of sale with one of the parties to O.S.No.153 of 1972, for purchase of an undivided share. Satyanandam executed a will, dated 2.6.1989 bequeathing his right under the agreement, in favour of the respondents herein. After his death, respondents 1 and 2 filed O.S.No.78 of 1990, in the Court of I Additional Junior Civil Judge, Tanuku, for specific performance of the agreement of sale. The suit was decreed ex parte, and thereafter an E.P. was filed. The sale deed was executed by the Court itself, when there was no response from the judgment debtor therein.