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2024 Supreme(Online)(KAR) 36659

HIGH COURT OF KARNATAKA
MR JUSTICE HEMANT CHANDANGOUDAR, J
SRI I G PRASHANTH – Appellant
Versus
SRI UMESH MAHABALE SHETTI – Respondent


Petitioner Advocates:,Respondent Advocate: NARENDRA H N

ORAL ORDER

The defendants No. 1 and 2 have approached this Court challenging the order passed by the Trial Court, wherein the application filed under Order VII Rule 11(a) and (d) of the Code of Civil Procedure (CPC) was rejected.

2. The respondents No. 1 to 4 had filed a suit in O.S.

No.84/2021 seeking a directive for the defendants to jointly or severally execute and register the sale deeds, thereby conveying the suit schedule properties, which comprise residential sites detailed in Schedules ‘A’ and ‘B’. This directive was sought for the purpose of specifically performing the obligations set out in the agreements of sale dated 24.09.2012, executed by defendant No. 1 with the plaintiffs and by the late Mr. I.N. Gopala Gowda with the plaintiffs, as well as the supplementary agreements dated 26.09.2012. The plaintiffs offered to pay the cumulative balance of the sale consideration amounting to Rs.17,55,75,200/- or, alternatively, sought a refund of the advance consideration paid under these agreements.

3. The defendants No. 1 and 2 entered an appearance and subsequently filed an application to reject the plaint, arguing that the suit for specific performance was filed beyond the statu









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