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2008 Supreme(Kar) 949

N.K.PATIL
Bharathi Warehousing Corporation – Appellant
Versus
Shreeshyala Co-operative Industrial Estate Ltd. – Respondent


Advocates:
Advocate appeard:
Mr. Bharath, Nandi Law Chambers, for the Appellant
Mr. Anant Mandgi, for the Respondent

ORDER

N.K. Patil, J.— Petitioners 1 and 2 in this petition are firms represented by their Power of Attorney Holder. In this petition, petitioners have sought for setting aside the impugned order dated 30th June 2008 made on I.A.IV on the file of the XI Additional City Civil Judge, Bangalore in O.S. No. 40/2007 and to award the costs of this petition and further to grant such other reliefs, as this Court may deem fit to pass, in the circumstances of the case.

2. Brief facts of the case are that, the plaintiffs -petitioners herein are registered partnership firms and defendants - respondents, by falsely representing, assuring and undertaking that they would transfer, convey and invest in the plaintiffs - petitioners a clear and marketable title to property situate at Doddakallasandra village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore induced the two plaintiffs -petitioners to part with a sum of Rs. 01,44,23,500/-(Rupees One Crore Forty Four Lakhs Twenty Three Thousand Five Hundred Only) by Demand Drafts. The respondent - defendant No. 1 had agreed to sell to the petitioner No. 1 - plaintiff No. 1 the suit schedule property. Accordingly, under the two agreements, the responden











































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