K SUDHA RANI Vs. G F K SARADAMMA

JUDGEMENT

(1.) The following substantial questions of law had been pointed out by Ms. K. Lalitha, the learned Counsel representing the appellant and the same read as hereunder :

(2.) The learned Counsel had taken this Court through the findings recorded by the Court of first instance and also through the findings recorded by the appellate Court and would maintain that on the strength of the agreement of sale without filing a suit for specific performance, a suit for injunction simplicitor cannot be maintained. The learned Counsel relied upon a decision of this Court in Chellingi Narayanamurthy v. Chillingi Satyanarayana and others, 2008 (1) ALD 118.

(3.) By virtue of the publication made, the service was held sufficient and the default order made as against the respondent had been set aside and the second appeal had been restored and the matter was heard. Hence, the second appeal is being disposed of after hearing the Counsel representing the appellant.