L VENKATA KRISHNA REDDY Vs. ANJAPPA

JUDGEMENT

(1.) THIS Revision petition is directed against the order dated 25-09-2008 in E. P. No. 50 of 1996 in O. S. No. 33 of 1985 on the file of the court of Senior Civil Judge, Hindupur.

(2.) THE respondents 1 to 5 herein are the plaintiffs who filed the suit seeking specific performance of an agreement of sale allegedly executed by the 1st defendant-L. Venkata Krishna Reddy. The 2nd defendant- L. Ramanagopal Reddy - is the son of the defendant No. 1. Though appearance was entered on behalf of the defendants, since their counsel reported no instructions they were set ex parte and the suit was decreed with costs by judgment and decree dated 11-08-1992 directing the 1st defendant to execute a registered sale deed as per the terms of agreement of sale dated 19-04-1980 in respect of the suit schedule building in favour of the plaintiffs by 21-09-1992 and in case the 1st defendant fails to comply with the above clause granting liberty to the plaintiffs to get the sale deed registered through the Court on behalf of the 1st defendant on depositing the balance sale consideration of Rs. 2,50,000/-of Rs. 2,50,000/- and necessary registration charges in the Court.

(3.) PURSUANT thereto, the plaintiffs 2 to 4 (respondents 2 to 5 herein) along with respondents 6 to 24 who are the legal representatives of the deceasd-1st plaintiff filed E. P. No. 50 of 1996 under Order XXI, rule 32 CPC with a prayer to direct the judgment Debtors to execute a sale deed as per the terms of the agreement of sale dated 19-04-1980 with respect to suit schedule property after receiving the balance sale consideration of Rs. 2,50,000/- being deposited in the court. A further direction was sought for delivery of the possession of the suit schedule property to the decree-holders.