PAVANI ESTATES Vs. KHAIRUNNISA BEGUM

JUDGEMENT

(1.) This appeal is filed by the appellant/1st defendant aggrieved by the judgment, dated 08.09.2003, passed in O.S.No.992 of 1996, on the file of IV Senior Civil Judge, City Civil Court, Hyderabad, whereunder and whereby, the suit filed for Specific Performance of Agreement of Sale, dated 26.09.1992, was dismissed by the Court below against respondents/defendants 4 to 6 and decreed against the appellant/defendant No.1 and respondents /defendant Nos.2 and 3.

(2.) Heard learned counsel for the appellant and Sri Damodar Mundra, learned counsel for respondents/plaintiffs. Perused the record.

(3.) Learned counsel for the appellant/1st defendant would contend that the judgment and decree passed by the Court below directing the appellant/defendant No.1 and respondents/defendants 2 and 3 to pay a sum of Rs.3,22,000/- with interest @ 9% per annum from the date of suit till the date of realization is erroneous; that there is Ex.A.5-Memorandum of settlement between the parties; that no amount is due to the respondents/plaintiffs as on the date of filing of the suit; that the trial Court has not properly appreciated all the facts and circumstances of the case and erroneously decreed the suit against the appellant and respondents/defendants 2 and 3 herein as stated supra and ultimately, prayed to set aside the impugned judgment.