Gandikota Narsimha Rao v. Gajenaboina Sheshaiah

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM SECOND APPEAL No. 26 OF 2019 JUDGMENT:

The appellants filed this Second Appeal aggrieved by the judgment and decree dated 26.10.2018 in A.S.No.30 of 2018 on the file of the Family Court-cum-VI Additional District Judge, Khammam confirming the judgment dated 15.02.2018 in O.S.No.154 of 2007 on the file of the Senior Civil Judge, Khammam.

The facts are not in dispute. The Courts below have categorically found that the plea taken by respondent No.2 herein that there was an agreement of sale dated 01.04.2006 executed in favour of defendant No.1 and the amount of Rs.50,000/-, which was admittedly received by defendant No.1 from the plaintiff on 06.03.2007 pursuant to the agreement of sale deed dated 06.03.2007 was returned on 26.03.2007 was false. In the connected appeal, being S.A.No.1714 of 2018, this Court taking into consideration the findings recorded by the Courts below, had come to the conclusion that defendant Nos. 1 and 2 had colluded and brought into existence of an agreement of sale dated 01.04.2006 and the receipt dated 26.03.20007 and having found that no substantial question of law, much less any substantial question of law, arises for consideration, dismissed the same. For the same reasons, this Second Appeal also deserves to be dismissed.

The Second Appeal is accordingly dismissed.

Miscellaneous petitions, if any, pending shall also stand dismissed. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:17.07.2019 kdl