THE HON’BLE SRI JUSTICE V.V.S.RAO SECOND APPEAL No.275 of 2011 Dated:18.11.2011 Between: Karri Appayamma, And another. …Appellants And Rapeti Suryanarayana. …Plaintiff THE HON’BLE SRI JUSTICE V.V.S.RAO SECOND APPEAL No.275 of 2011 JUDGMENT: The defendants are the appellants. The plaintiff filed the suit, being O.S.No.475 of 2005, on the file of the Court of the Principal Senior Civil Judge, Rajahmundry, for specific performance of agreement of sale, dated 08.05.2003. He also prayed for alternative relief of refund of advance amount with interest. The trial Court believed the agreement of sale – Ex.A1, but declined to grant the order for specific enforcement of Ex.A1. The trial Court decreed the suit for refund of Rs.1,56,800/- by the defendants. The plaintiff appealed. The Court of Family Judge – cum – Additional District Judge, Rajahmundry, by order in A.S.No.260 of 2009, dated 19.10.2010, reversed the trial Court and ordered specific performance. In this Second Appeal, the Counsel for the appellants submits that the finding recorded by the first appellate Court that D.W.1 admitted in his cross-examination about non-execution of sale deed in favour of Bogi Sekhar pursuant to Lok Adalat award and the other finding that there was collusion between the defendants and Bogi Sekhar, are surmises not supported by evidence. If that be so, nothing prevented the defendants to seek review of the order before the appellate Court. They did not do so. They filed the instant Second Appeal. This Court has perused the judgment of the trial Court as well as the appellate Court. When the trial Court recorded a clear finding that Ex.A1 – agreement, is true, valid and binding on defendants, there was no reason for denying the specific performance. The appellate Court correctly applied the principles under Section 20 of the Specific Relief Act, 1963, and rectified the mistake committed by the trial Court. The Second Appeal does not involve any question of law. The Second Appeal is, therefore, dismissed. No costs. _______________ (V.V.S.RAO, J) 18.11.2011 vs