JUDGMENT

Suraj Govindaraj, J. - The petitioner is before this Court seeking for setting aside the Order dated 19.02.2019 passed on I.A.No.V by the Principal Senior Civil Judge, Jamkhandi in O.S.No.74/2012 rejecting the application filed under Order VII Rule 10 of the Code of Civil Procedure, 1908 ('the CPC' for short) and consequently allow the said application.

2. The case of the petitioner is that;

2.1 Respondent No.1 had instituted a suit for specific performance of agreement of sale dated 27.06.2006 alleging that the deceased husband of the defendant No.1 i.e., respondent No.2 herein, had executed an agreement of sale agreeing to sell the suit schedule property for a sum of Rs.5,00,000/- and received an earnest money of Rs.4,50,000/- at that time, leaving a balance of Rs.50,000/- to be paid at the time of registration of the sale deed.

2.2 In regard thereto a notice was issued on 14.07.2010 calling upon the deceased husband of the 1st defendant to execute the sale deed. However, by the time the Suit was filed, the deceased husband of the 1st defendant had already executed a sale deed in respect of the middle portion of the property on 28.07.2009 in favour of defendant No.4 i.e.,