YELCHURI SUBRAHMANYAM Vs. BUDDI SANKARA BABU

JUDGEMENT

(1.) Amicus Curiae for the petitioners present. The case was dismissed in default. In the interest of justice, the case is restored to its original number. The other parties have already been proceeded against ex-parte. M.A. No. 4 of 2015 stands disposed of.

(2.) Arguments heard. The complainants namely, Yelchuri Subrahmanyam, Yelchuri Lakshmi Parvathi and Yelchuri Padmaja Kumari- husband, wife and their daughter, entered into an agreement with Buddi Sankara Babu-OP-1 and Konijeti Bhadarnarayana-OP-2, who claim to be the owners of vacant site under "Suryanarayana Housing Colony (Vema Vari Colony)", Swarna Road, Chirala. An advance payment in the sum of Rs.10,000/- was taken by the OPs on 27/06/2005 and 29.06.2005. Registered sale deed was executed by the OPs-1 & 2. Although, they had promised that the plot No. 33 would be given but the sale deed showed plot No. 39 instead of plot No. 33. They also took the full payment in the sum of Rs.63,000/-.

(3.) Subsequently, it transpired that flat No. 39 was not approved in the original layout plan. The complainants had to spend Rs.15,914/- for the layout approval. OPs-1 & 2 claimed that OP-3 Vema Mallikarjuna Rao, Vema Adiseshu OP-4 and Bandaru Sankara Rao-5 were their partners.