SHAIK BIBIJAN Vs. GOTTUPALLI GURAVAMMA

JUDGEMENT

(1.) The Second Appeal No.194 of 2012 is filed against the decree and judgment passed in A.S.No.241 of 2007, on the file of the V Additional District Judge (Fast Track Court), West Godavari, Eluru ("First Appellate Court" for short). The said A.S.No.241 of 2007 is filed against the decree and judgment passed in O.S.No.82 of 1999, on the file of the Principal Senior Civil Judge, Eluru ("Trial Court" for short).

(2.) In S.A.No.194 of 2012, the appellants are defendants and respondents are the plaintiffs in O.S.No.82 of 1999 whereas in S.A.No.195 of 2012, the appellants are plaintiffs and the respondents are defendants in O.S.No.262 of 2004. During the pendency of S.A.No.194 of 2012, the 6th appellant died and his legal representatives were brought on record as appellant Nos.10 to 13 and the 3rd respondent in S.A.No.195 of 2012 died and her legal representatives were brought on record as respondent Nos.4 to 7.

(3.) The plaintiffs initiated action in O.S.No.82 of 1999 before the Trial Court with a prayer for specific performance of sale agreement, dtd. 10/9/1980 which was resettled under an agreement, dtd. 11/9/1999 directing the defendant Nos.1, 5 and 6 to execute a sale deed in favour of the plaintiffs and to order defendant Nos.2 to 4 to join them in executing the sale deed for the plaint schedule property and register the same.