KATAMREDDY RAMALINGA REDDY Vs. KATAMREDDY JANARDHAN REDDY

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure is filed aggrieved against the judgment and decree, dtd. 25/10/2007, in A.S.No.13 of 2006, on the file of the III Additional District Judge, Kurnool at Nandyal, reversing the judgment and decree, dtd. 14/11/2005, in O.S.No.19 of 2002, on the file of the Senior Civil Judge, Allagadda.

(2.) The plaintiff initiated action in O.S.No.1467 of 2002, on the file of the Senior Civil Judge, Allagadda, with a prayer for specific performance of contract on a sale agreement dtd. 9/6/2000 executed by defendant No.1 in favour of the plaintiff and to grant alternative relief of refund of an amount of Rs.1,40,000.00 from the defendant No.1.

(3.) The learned Senior Civil Judge, Allagadda, dismissed the suit with costs. Felt aggrieved of the same, the unsuccessful plaintiff in the above said suit filed the aforesaid appeal before the First Appellate Court. The learned III Additional District Judge, Kurnool at Nandyal, allowed the appeal by setting aside the judgment and decree passed by the learned trial Judge. Aggrieved thereby, the defendants in O.S.No.19 of 2002 approached this Court by way of second appeal.