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2002 Supreme(Kar) 737

A. N. SHIVAPRASAD – Appellant
Versus
T. VENKATESH – Respondent


( 1 ) M. F. A. No. 4055/2000 is directed against the order dated 23. 9. 2000 in O. S. No. 148/99 on the file of the Addl. Civil Judge, Shimoga dismissing IA No. II.

( 2 ) M. F. A. No. 4484/2000 is again filed challenging the order dated 23. 9. 2000 passed in O. S. No. 148/99 on the file of the Addl. Civil Judge, Shimoga on IA No. I filed by the petitioner and IA. No. VVV filed by the respondent for vacating temporary injunction. Both the appeals can be disposed of by a common order since the facts and the grounds are common in both these cases.

( 3 ) THE facts in brief are as under: both the appeals are filed by the plaintiff. The plaintiff A. N. Shivaprasad filed a suit in O. S. No. 148/99. His case is that the defendant respondnet on 8. 3. 1998 executed a sale agreement for sale of the suit schedule properties to the plaintiff for a sum of Rs. 7,75,000/- out of which the respondent defendant received a sum of Rs. 4,62,800/- as advance on different dates. The balance was agreed to be paid on the date of registration of the sale. The defendant did not keep up promise and went on postponing the date of registration. A legal notice was issued. A reply was received. Thereafter, the pr












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