CHATLA SUNITHA Vs. YEGURLA VIJAYALAXMI

JUDGEMENT

(1.) Heard Mr. P.V. Krishnamachary, learned counsel for the petitioner - judgment debtor No.2 and Mrs. Manjari S. Ganu, learned counsel for respondent Nos.1 to 3 herein - decree holders. Despite service of notice, there was no representation on behalf of respondent No.4 - judgment debtor No.1.

(2.) The petitioner herein is arrayed as judgment debtor No.2 in E.P. No.298 of 2019. He was added as per the orders dtd. 2/8/2022 in E.A. No.203 of 2021, while respondent No.4 is judgment debtor No.1. RespondentNos.1 to 3 are the decree-holders. FACTS:

(3.) Originally, respondent Nos.1 to 3 herein filed a suit, vide O.S.No.94 of 2016, for specific performance of agreement of sale, dtd. 29/4/2013 against respondent No.4 herein contending that respondent No.4 is the owner and possessor of the land admeasuring 4114 square yards in Survey No.53, situated at Karkhanagadda (New Gunj) locality along with two other persons, by name, Mr. Billa Vijayender Reddy and Mr. Kandi Thirupathi Reddy, under a registered sale deed bearing document No.5696 of 2013. Apart from that, respondent No.4 herein is also owner of land admeasuring 430 square yards in the very same survey number along with Mr. Kandi Thirupathi Reddy under a registered sale deed bearing document No.5694 of 2013. Both the extents form a compact block. Respondent No.4 has 50% share in 4114 and 430 square yards of land i.e., he is the owner of total extent of 2057 and 215 square yards, respectively.