J U D G M E N T

Heard the learned counsel for the appellant/plaintiff and the learned counsel for the respondents/defendants.

2. The appellant has filed appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, (for short, 'CPC') to set aside the order dated 12-12-2023 passed by the learned III Additional Senior Civil Judge and Chief Judicial Magistrate, Dharwad, in Original Suit No.308 of 2023 on I.A. No.1 filed under Order XXXIX Rules 1 and 2 of the CPC, whereby the Trial Court rejected I.A. No.I, thus, plaintiff filed this appeal.

3. For the sake of convenience, the parties are referred to as per their rankings before the trial Court. The appellant is the plaintiff and the respondents are defendants Nos.1 and 2.

4. It is the case of the plaintiff that the plaintiff and the defendants are known to each other. Defendant No.1 being the owner of land bearing Survey No.33/1 measuring 8 acre 31 gunta entered into agreement of sale with the plaintiff to sell the suit schedule property for total consideration of Rs.60 lakhs. Accordingly, on 25-1-2023, the plaintiff and defendant No.1 entered into sale agreement and received a sum of Rs.57 lakh as advance sale consideration and