E.K.ESHWAR Vs. SMT. K.MADHAVI @ VIJAYALAKSHMI

JUDGEMENT

(1.) The revision petitioner is the plaintiff in O.S.No.128 of 2006 on the file of VII Senior Civil Judge, City Civil Court, Hyderabad for specific performance of contract for sale dated 05.03.1986 against defendants 1 to 12, of whom the defendants 11 and 12 are the minors representing by guardian the 9th defendant.

(2.) Pending the suit for specific performance in trial, as the suit document which is contract for sale in original sale agreement to be exhibited as Ex.B.1 in O.S.No.107 of 1994 by the defendant therein, no other than present defendants/respondents ancestor-cum-vendor of the sale agreement by name Sri S.Veerayya and that he obtained certified copy and when wanted to exhibit, the defendants herein raised objection. It is therefrom, I.A.No.520 of 2016 filed by him in the lower Court to send for the original sale agreement from that record. If it is true, said document is practically in the custody of the defendants herein as it is the say of their ancestor i.e. the 1st defendant, Veeraiah, no other than the father of defendants 1, 5 and 9, that exhibited. As per the present version of plaintiff, the document which is original sale agreement given by him to said vendor i.e. father of defendants 1, 5 and 9 of the suit and it was exhibited by him as Ex.B1 as DW.1 in that suit O.S.No.107 of 1994.

(3.) No doubt that the petition before the lower Court did not disclose the same muchless the order of the lower Court, but for the arguments now submitted to that extent and there is whisper in the affidavit of revision petitioner in CRP M.P.No.6195 of 2016, dated 26.09.2016.