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2008 Supreme(Kar) 102

K.RAMANNA
Harikishan – Appellant
Versus
Ramesh – Respondent


JUDGMENT

K. Ramanna, J.

This appeal is directed against the dismissal of the application filed by the appellants under Order 22, Rule 10 CPC seeking permission of the Court to permit them to come on record as additional defendants in O.S.No.88/98 pending on the file of the II Addl. Civil Judge (Sr.Dn.), Gulburga.

2. The case of the appellants are that the plaintiff-respondent No.1 filed O.S.No.88/88 (sic 88/98) against the respondents No.2 and 3 herein for specific performance of contract and perpetual (sic Perpetual) injunction contending that there was an oral agreement of sale of the portion of the property bearing No.1-1295 at Gullabawadi, Aiwan-E-Shahi Road, Gulburga for an amount of Rs.2,20,000/- and that he had paid a sum of Rs.2,19,000/- and how he has to pay only Rs.1000/- as consideration. Since the respondents No.2 and 3 refused to execute the sale deed he filed the said suit and also obtained an order of temporary injunction restraining, respondents No.2 and 3 from alienating the suit property in favour of third parties. That before the service of summons and the order Of temporary injunction, the appellant No.1 has taken lease for 100 years over plot measuring 52 ft. 3










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