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2007 Supreme(Kar) 155

H.N.NAGAMOHAN DAS
SHANKARAPPA (DECEASED) BY HIS L. RS – Appellant
Versus
BASAWARAJAPPA – Respondent


Advocates:
Sri Veeresh B. Patil,Sri S.R. Hegde Hudlamane

ORDER

The respondent herein filed O.S. No. 66 of 1990 against Sri Shankarappa, for decree of specific performance of an agreement of sale. The said Shankarappa entered appearance before the Trial Court and filed written statement inter alia denying the execution of agreement of sale in favour of the respondent. The said O.S. No. 66 of 1990 came to be decreed vide judgment dated 9-8-1996. After passing of the decree in O.S. No. 66 of 1990, the defendant Shankarappa died. The petitioners herein who are the legal representatives of the deceased Shankarappa filed an appeal in R.A. No. 172 of 1988 and the same came to be allowed and the matter was remanded to the Trial Court for fresh disposal in accordance with law. After remand, the respondent adduced evidence and when the matter was set down for arguments, the petitioners filed an application under Order 22, Rule 4 read with Section 151 of the Civil Procedure Code, 1908, seeking permission of the Court to file additional written statement. The Trial Court after hearing both the parties passed the impugned order rejecting the application filed by the petitioners. Hence, this writ petition.

2. Sri Veeresh B. Patil, learned Counsel appe





















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