ORDER :

1. The petition is being disposed off at the threshold dispensing with notice to the respondents in light of the controversy presented for adjudication. The petitioners are plaintiffs in O.S. No. 1239/2006 on the file of III Additional Civil Judge, Bengaluru Rural District, Bengaluru (for short Civil Court). The Civil Court by the impugned order dated 23.05.2020 has rejected the petitioners request to mark unregistered sale deed dated 18.01.1974. The petitioners, who rely on unregistered sale deed dated 18.01.1974, have filed this suit for specific performance of an agreement to sell as evidenced by this unregistered deed dated 18.01.1974 and for a direction to the respondents to execute sale deed for the subject property.

2. The learned counsel for the petitioners relies on the decision of the Hon'ble Supreme Court in the case of S. Kaladevi Vs. V.R. Somasundaram reported in (2010) 5 SCC 401 and emphasizes that the civil Court should have considered the petitioners request for marking of the document dated 18.01.1974 in the light of the law declared by the Hon'ble Supreme Court in this decision. He submits that the Supreme Court in a set of very similar circumstances, where