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2019 Supreme(Kar) 555

N.K.SUDHINDRARAO
Ramanjaneya – Appellant
Versus
Poorna Singh – Respondent


Advocates Appeared:
Bhadrinath R, Adv., Abhinav R, Adv.

JUDGMENT :

N.K. Sudhindrarao, J.

This appeal is directed against the Judgment and decree dated 13.08.2013 passed in R.A.No.85/2012 by the Presiding Officer, Fast Track Court at K.G.F wherein appeal filed by plaintiff came to be dismissed. Thus, order dated 20.7.2012 and 31.07.2012 passed by learned Civil Judge, Senior Division and Principal JMFC, K.G.F in O.S.No.87/2005 stood confirmed.

2. In order to avoid overlapping and confusion, the parties are referred with reference to their ranks held by them before the trial Court.

3. It is a plaintiff's second appeal against the Judgment of learned first appellate Judge. Basically plaint filed by the present appellant in O.S.No.87/2005 came to be rejected under Order VII Rule 11(c) of Civil Procedure Code.

4. Factual matrix of the matter is, plaintiff filed an original suit in O.S.No.87/2005 against defendants for the relief of specific performance of the agreement dated 31.01.2005, wherein the defendants entered into an agreement to sell the suit schedule property measuring 2 acres out of 4 acres of agricultural land in Sy.No.6/P17 of K

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