CH SURYAPRAKASA RAO Vs. M VENKATESWARA RAO

JUDGEMENT

(1.) (Passed on the Application filed by the First Respondent raising the objection regarding the valuation of the Appeal) This appeal is filed by the appellants 1 and 2 herein, who were the defendants in O.S. No.306 of 1990 which was pending on the file of the Principal Subordinate Judge, Vijayawada.

(2.) The plaintiff Mallipeddi Venkateswara Rao had filed the aforesaid suit against the appellants herein and other defendants for specific performance of the contract of sale which is alleged to have been executed by the defendants therein agreeing to sell the land to the extent of Ac.0-52 cents in R.S. No.68/1 situated at Patamata village within the jurisdiction of Vijayawada Municipal Limits. On hearing both sides and on recording the evidence in the aforesaid suit, the suit came to be decreed.

(3.) Being aggrieved by the aforesaid judgment and decree of Principal Subordinate Juge, Vijayawada, the appellants herein i.e., the defendants 1 and 2 in the suit, have preferred the present appeal by raising various grounds in the appeal memo whereas no appeal was filed by the other defendants. On presentation of the appeal, it was admitted. At the time of filing of the appeal, the appellants herein filed C.M.P. No.19691 of 1996 with a prayer to stay all further proceedings including the execution of the decree in toto in O.S. No.306 of 1990 on the file of the Principal Subordinate Judge, Vijayawada. When the defendants served (with) the notices of the appeal as well as the interim application on the respondents, the plaintiff-1st respondent herein filed petition. In the said petition, the plaintiff had contended that the appellants-defendants did not value the appeal properly for the purposes of advocate's fee, Court fee etc. Thus, this C.M.P., was placed before this Court for hearing.