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HIGH COURT OF KARNATAKA
H.P. SANDESH, J
M/S GAURAV ROSE REAL ESTATE PVT LTD – Appellant
Versus
M/S BLUE HORIZON HOTELS PVT LTD – Respondent
| Table of Content |
|---|
| 1. appellant sought recovery of rs.5 crores (Para 2 , 3 , 4 , 5) |
| 2. counsel contended that the trial court committed an error (Para 6 , 7 , 8) |
| 3. discussion on acknowledgment of debt (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 22 , 23 , 24 , 25 , 26 , 27 , 29 , 30 , 31 , 32 , 33) |
| 4. the miscellaneous first appeal is dismissed (Para 35) |
CAV JUDGMENT
Heard the learned counsel for the appellant and learned Senior counsel for respondent Nos.1 and 2.
2. This miscellaneous first appeal is filed praying this Court to set aside the order dated 28.04.2018 passed by the IV Additional City Civil and Sessions Judge at Mayo Hall Unit, Bengaluru (CCH-21) in O.S.No.25855/2017 on I.A.Nos.I/2017 and II/2017 and allow the said applications and pass such other order as deems fit in the circumstance of the case.
3. The appellant/plaintiff while seeking the relief of judgment and decree sought for a direction to the defendant No.1 and defendant No.4 to pay the plaintiff a sum of Rs.5 Crores as per the Deed of Mortgage dated 04.04.2014 executed by defendant No.1 in favour of the plaintiff as per Document No.4 to the plaint and along with interest on the said sum at 24% per
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