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2013 Supreme(Kar) 391

A.N.VENUGOPALA GOWDA
N. Rajani @ Ranjini – Appellant
Versus
Krishna – Respondent


Advocates appeared:
For the Appellant:M.S. Rajendra Prasad for M/s. M.S. Rajendra Prasad, Associates, Advocates.
For the Respondents: None.

JUDGMENT

1. Plaintiff is the appellant and the respondents are the defendants. The suit was one for passing a decree of specific performance of an agreement of sale dated 11.06.1994 (Ex.P1). Suit having been decreed in part, the prayer for specific performance of contract as well as for permanent injunction having been rejected and the defendants having been only directed to pay Rs.24,000/- with interest at 9% per annum from the date of suit till the date of realization, feeling aggrieved, the plaintiff has filed this appeal.

2. For convenience, the parties are referred to by their rank in the Trial Court.

On 11.06.1994, an agreement of sale (Ex.P1) was entered into between the plaintiff and defendants, whereunder, the defendants agreed to sell and the plaintiff agreed to purchase the suit site for sale consideration amount of Rs.24,000/-. Plaintiff filed the suit on 02.08.2003, to pass a decree of specific performance against the defendants. The defendants having not appeared in response to the suit summons, were placed ex parte. Plaintiff got herself examined as PW.1 and marked Exs.P1 to P4. The Trial Court finding that though the agreement of sale is of the year 1994, the plaint















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