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2015 Supreme(Kar) 232

B.MANOHAR
S. Prasanna – Appellant
Versus
Shany Jalaland – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Rajagopal Naidu, Advocate
For the Respondent:Sri. Ashok B Patil, Advocate for R1, Smt.Pramila Nesargi, Senior Counsel for Muniswamy Gowda, Advocate for R2

ORDER :

Petitioner is the second defendant in O.S.No.594/2005 on the file of the 11th Additional City Civil Judge, Bangalore, being aggrieved by the order dated 24012015 partly allowing I.A.No.13 filed under Section 151 of CPC seeking for framing of additional issue, has filed this writ petition.

2. The first respondent herein filed a suit seeking for specific performance of agreement of sale dated 22-11-2011 executed by the first defendant. The first defendant filed written statement. In the written statement the first defendant has stated that since the plaintiff had failed to perform her part of the contract, the suit schedule property was sold in favour of the second defendant as per the registered sale deed dated 06-10-2004. In view of that the plaintiff filed an application to imp-lead the second defendant and also sought for amendment of the plaint. The application for imp-leading the second defendant was allowed on 26-12-2005, thereafter the plaint was amended and the prayer was also made seeking for declaration declaring that the sale deed dated 06-10-2004 is not binding on the plaintiff. The plaintiff further sought for cancellation of the said sale deed. The second defend





















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