JUDGEMENT
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(1.)The appellant filed O.S. No. 3690 of 1993 in the Court of the VI Junior Civil Judge, City Civil Court, Hyderabad, for the relief of specific performance of an agreement of sale against the 7th respondent herein in respect of 150 square yards of land in Survey No. 284 of 2011, Gudimalkapur. It was pleaded that the 7th respondent executed an agreement of sale on 23-01-1976, delivered possession of the plot, but did not execute the sale deed inspite of repeated requests. The suit was decreed on 20-08-1997. The appellant filed EP No. 161 of 1999 for execution of the decree. Since the 7th respondent did not come forward to execute the sale deed, the Court itself executed the document deed of conveyance on 21-04-2000. When steps were initiated for recovery of possession of the property, resistance was offered by the respondents 1 to 6 herein.
(2.)On noticing that steps were initiated for dispossessing them from the property, the respondents 1 to 6 (for short 'the respondents') filed EA No. 351 of 20000 under Rule-99 read with Rules 101 to 104 of Order XXI CPC. They pleaded that Syed Bin Mubarak, the husband of the 1st respondent and father of the respondents 2 to 6 purchased the extent of 300 square years in Survey No. 284/9 to 12 under an agreement of sale on 10-08-1973 from the original owner and that ever since then he is in possession of the property. Syed Bin Mubarak is said to have died on 20-06-1997. Respondents have also stated that the property was assessed to tax and that they are paying the tax regularly. It was stated that the appellant herein filed O.S. No. 3235 of 1981 against Syed Bin Mubarak for injunction in respect of the same property and that the suit was dismissed for default on 22-04-1998, and that no effective steps were taken, thereafter.
(3.)The Executing Court dismissed E.A. No. 351 of 2007 through order, dated 30-12-2002. The respondents 1 to 6 filed A.S. No. 25 of 2003 in the Court of the II Additional Chief Judge, City Civil Court, Hyderabad. The appeal was allowed through judgment dated 14-06-2004. Hence, this Second Appeal.
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