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2024 Supreme(Online)(KAR) 40371

HIGH COURT OF KARNATAKA
H.P. SANDESH, J
SHRI.YALLAPPA S/O MAHADEV AKANOJI – Appellant
Versus
SHRI.ASHOK S/O JEEVANU KILLEKAR – Respondent


Petitioner Advocates:DINESH M KULKARNI ,Respondent Advocate:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE H.P.SANDESH)

Heard the learned counsel for the petitioners and learned counsel for the respondents.

2. The present petition is filed praying this Court to issue writ in the nature of certiorari by quashing the order dated 21.08.2019, passed by the Principal Civil Judge and CJM, Belagavi in O.S No.74/2016 on I.A No.15, vide Annexure-N as null and void and issue any other writ or direction as this Court deems fit in the circumstances of the case.

3. The factual matrix of the case of the plaintiffs/petitioners before the Trial Court is that the respondent Nos.1 to 4 entered into an agreement of sale with the petitioners on 03.09.2007. Thereafter, they executed one more supplementary agreement on 07.11.2008. The respondent Nos.1 to 4 failed to execute the Sale Deed and a notice was issued on 15.04.2015, which was not replied by them. Hence, the petitioners filed suit in O.S No.74/2016 before the Trial Court for relief of specific performance of contract based on the Agreement of Sale dated 03.09.2007 and 07.11.2008. The petitioners also filed I.A No.15 under Order VI Rule 17 R/w Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred

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