CHALLAPALLI VENKATESWARA RAO Vs. MEKA GANGADHARA RAO

JUDGEMENT

(1.) This first appeal under Section 96 CPC arises out of the judgment and decree dated 14.03.2008 of the learned Principal District Judge, West Godavari District at Eluru, in O.S.No.16 of 2007. The appellants are the defendants in the said suit which was filed for specific performance of the agreement of sale dated 26.07.2006 (Ex.A1); for execution of a registered sale deed in respect of the suit property upon receiving the balance sale consideration; and for delivery of possession. By the judgment under appeal, the trial Court decreed the suit directing the plaintiff to deposit the balance sale consideration to the credit of the suit with interest thereon at 12% per annum; permitting the defendants to receive the said amount and directing them to execute a registered sale deed in favour of the plaintiff at his expense within two months from the date of deposit; and also to deliver possession of the suit schedule property, failing which the plaintiff was granted liberty to get the regular sale deed through process of law; and if the plaintiff failed to deposit the balance sale consideration within the stipulated time, directing the defendants to refund the amount paid by the plaintiff to the tune of Rs.21,25,000/- with interest thereon at 12% per annum; and to pay a sum of Rs.1,88,638/- to the plaintiff towards costs.

(2.) By order dated 21.04.2008 passed in A.S.M.P.No.763 of 2008 filed in this appeal, this Court granted interim stay of execution of the judgment and decree under appeal subject to deposit of the suit costs by the appellants/ defendants within a time frame. The respondent/plaintiff was permitted to withdraw the same without furnishing security.

(3.) Parties shall hereinafter be referred to as arrayed in the suit.