JUDGMENT

DALVEER BHANDARI, J. — 1. Leave granted.

2. This appeal is directed against the judgment and order dated 16.9.2006 passed by the High Court of Karnataka at Bangalore in Writ Petition No.36550 of 2003.

3. Brief facts in nutshell are as under:

The appellant (original plaintiff) filed an Original Suit no. 2265 of 1996 before the XXXI Additional City Civil Judge, Bangalore against the respondents (defendant nos. 1 to 10) for recovery of Rs.52,97,111/- with interest at the rate of 18% per annum from the date of filing of suit till payment. The appellant alternatively had taken the plea that if the court for any reason comes to the conclusion that a decree for a sum of Rs.52,97,111/- cannot be passed as prayed by the appellant against respondents (original defendant nos. 1 and 2), then the court may at least pass a decree for Rs.19,12,500/- with interest at the rate of 18% from the date of suit till the date of realization against the respondents.

4. The appellant also claimed that it be declared absolute owner of the scheduled property on the basis of the sale deed dated 30.9.1987. The sale deed was executed by the respondents in favour of the appellant after obtaining permiss