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2021 Supreme(Kar) 418

H.P.SANDESH
B. S. PRABHAKAR AGED ABOUT – Appellant
Versus
D. RANGAPPA ALIAS PUTTANNA DECEASED BY LEGAL REPRESENTATIVES – Respondent


Advocates Appeared:
For the Appellant : SRI B.K.MANJUNATH & SRI K.L.SREENEVASA
For the Respondent: SRI K.S.RAMESH, SRI P.RAMESH

JUDGMENT :

This appeal is filed challenging the judgment and decree dated 29.11.2003 passed in O.S.No.3105/1981 on the file of the XI Additional City Civil Judge, Bangalore City dismissing the suit for specific performance in respect of the suit schedule property and granting the alternative relief directing the defendants to pay a sum of Rs.30,000/-to the plaintiffs along with interest at the rate of 8% per annum from the date of the suit till the date of realization.

2. The parties are referred to as per their original rankings before the Trial Court to avoid confusion and for the convenience of the Court.

3. The factual matrix of the case is that the plaintiffs are the legal representatives of late Dr. B.S. Subramanyam and instituted the suit on 14.10.1981 in O.S.No.3105/1981 seeking the relief of specific performance. During the pendency of the suit, the sole defendant D. Rangappa also passed away. Hence, the legal heirs are brought on record as defendants. The legal representatives of D. Rangappa adopted the written statement filed by their father and not filed any fresh written statement, but filed written statement after amendment of plaint. The main relief sought in the plaint

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