GUNIPATI ADIKESAVULU Vs. PANDHETI RAGHUPATHI RAJU

JUDGEMENT

(1.) The present Civil Revision Petition is filed against the Order dtd. 12/8/2025 passed in E.A.No.44 of 2025 in E.P.No.58 of 2012 in O.S.No.37 of 2008 on the file of the Principal Civil Judge (Senior Division), Rajampet, whereby petition filed by the respondent/decree holder seeking permission to deposit the balance sale consideration of Rs.4,00,000.00 into the Court, was allowed by the Court below.

(2.) Respondent herein filed Original Suit No.37 of 2008 on the file of the Principal Senior Civil Judge, Rajampet against 1st petitioner, seeking the relief of specific performance of agreement of sale dtd. 22/11/2007. After full-fledged trial, the suit was decreed vide judgment and decree dtd. 2/12/2011, directing the 1st petitioner/original defendant to execute a registered sale deed in pursuance of the said agreement of sale (Ex.A1) dtd. 22/11/2007 after receiving balance amount of Rs.4,00,000.00 from the respondent/plaintiff within two months from the date of the decree, failing which the respondent/plaintiff was entitled to get registered sale deed executed as per law by depositing balance amount of Rs.4,00,000.00 in the Court. As 1st petitioner/original defendant failed to execute the registered sale deed, as directed in the decree, the respondent/decree holder filed E.P.No.58 of 2012 to get the same executed through process of court, after depositing the balance amount on 21/3/2012. Aggrieved by the aforesaid judgment and decree, 1st petitioner/defendant preferred A.S.No.723 of 2012 before this Court, wherein this Court granted interim stay of all further proceedings pursuant to the said judgment and decree. During pendency of A.S.No.723 of 2012, the respondent/decree holder filed A.S.M.P.No.1889 of 2013 in the said appeal seeking permission to withdraw the deposited amount of Rs.4,00,000.00 with a liberty deposit the same after disposal of the said Appeal. This Court, vide Order dtd. 5/8/2013, permitted the respondent/decree holder to withdraw the said amount, with a liberty to deposit the same after disposal of A.S.No.723 of 2012, and pursuant to the same, the respondent/ decree holder withdrew the said amount as per Order dtd. 19/1/2015 in E.A.No.81 of 2014. Subsequently, A.S.No.723 of 2012 came to be dismissed by this Court vide Judgment dtd. 1/11/2023.

(3.) As 1st petitioner/original defendant died, 2nd petitioner was impleaded as his legal representative in the E.P., as per the Order dtd. 28/8/2024 in E.A.No.53 of 2024. Thereafter, 3rd and