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2021 Supreme(Kar) 320

SACHIN SHANKAR MAGADUM
Kallappa Appa Shandage – Appellant
Versus
Sanjay Shankar Shandage – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Sharad V. Magadum.
For the Respondent: Sri. Shanjay S. Katageri.

ORDER :

1. The captioned writ petition is filed challenging the order dated 07.08.2015 passed by the Senior Civil Judge, Chikodi on I.A. No. 3 in O.S. No. 103/2014 as per Annexure-F.

2. The facts leading to the top noted writ petition are as under:

    The petitioner-plaintiff instituted a suit for specific performance in O.S. No. 103/2014. The contention of the petitioner is that respondents-defendants on account of family need and necessity offered to sell the suit land, which was accepted by the petitioner herein and in terms of the negotiations, the respondents-defendants executed an agreement to sell the suit land for sale consideration of Rs. 6,27,000/- on 31.3.2014. It is also stated that pursuant to suit agreement, the present petitioner-plaintiff had paid a sum of Rs. 6 lakhs as earnest money and balance sale consideration of Rs. 27,000/- was agreed to be paid at the time of execution of registered sale-deed.

The petitioner has also specifically pleaded at Para 3 of the plaint that original agreement is lost and accordingly, the complaint is lodged with the jurisdictional police. It is also stated that paper publication regarding loss of the original agreement of sale is also give

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