DARAPU YASHODHAMMA Vs. KOTTAPALLI LAXMANA MURTHY

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure is filed being aggrieved by the judgment and decree, dtd. 25/4/2014, in A.S.No.05 of 2011, on the file of the Principal District Judge at Srikakulam, reversing the judgment and decree, dtd. 21/2/2010, in O.S.No.87 of 2001, on the file of the Junior Civil Judge Court, Pathapatnam.

(2.) The plaintiff initiated action in O.S.No.87 of 2001, on the file of the Junior Civil Judge Court, Pathapatnam, with a prayer for a decree directing the defendants to execute a sale deed in favour of the plaintiff or her nominee in respect of the suit property after receiving the balance of sale consideration of Rs.80,000.00 within the time fixed by the Court, on a duly stamped paper supplied by the plaintiff in the manner and form required under law, and in case if the defendants fail to execute the above sale deed, the Court may itself execute the sale deed for and on behalf of the defendants in respect of the suit schedule property at the costs of the plaintiff and to put the plaintiff in possession of the suit schedule property after evicting the defendants therefrom, and for the costs of the suit.

(3.) The learned Junior Civil Judge, Pathapatnam, decreed the suit with costs. Felt aggrieved by the same, the unsuccessful defendant No.1 in the above said suit filed the aforesaid appeal before the first appellate Court. The learned Principal District Judge at Srikakulam, allowed the appeal by reversing the judgment and decree passed by the learned trial Judge. Aggrieved thereby, the plaintiff in O.S.No.87 of 2001 approached this Court by way of second appeal.