M.NAGESHWAR RAO Vs. M.A.SAMAD

JUDGEMENT

(1.) This Civil Revision Petition is filed by the decree holder (petitioner herein) against orders dtd. 10/12/2015 in E.A.No.49 of 2015 in E.P.No.38 of 2013 whereby the learned trial Judge refused the prayer of the decree holder to issue account payee cheque for Rs.12,03,518.00 out of the amount of Rs.14,93,980.00 deposited as security in E.A.No.119 of 2014.

(2.) E.A.No.119 of 2014 was filed by the judgment debtor (respondent herein) to deposit the entire decretal amount before the trial Court towards security and to stall the proceedings till the appeal is disposed off in accordance with the provisions of Order 41 Rule 6(2) of CPC.

(3.) Briefly, the back ground of the case is that the suit was filed by the plaintiff-M.Nageshwar Rao for specific performance of agreement of sale directing the defendant in the suit to execute the registered sale deed in favour of the plaintiff in respect of the suit schedule property or in the alternative to return the advance amount of Rs.4,75,000.00 along with interest at the rate of 18% per annum which works out to Rs.7,18,628.00 vide O.S.No.1634 of 2006. The said suit for specific performance was dismissed, however, alternative relief was granted by decreeing the suit to refund an amount of Rs.7,18,628.00 vide judgment dtd. 25/8/2010.