Defendant No.5 in O.S.No.8215/1995 on the file of

the learned XVII Additional City Civil Judge, Bengaluru

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(CCH-16) (hereinafter referred to as 'the trial Court' for

short), has preferred this cross-objection being aggrieved

by the finding recorded in the judgment and decree

dated 27.06.2007 wherein the suit of the plaintiff was

decreed in part. The prayer for specific performance of

contract was rejected. It is held that the plaintiff is

entitled for refund of earnest money of Rs.26,000/- with

6% per annum from 09.10.1994 till realization. However

the trial Court directed its Registrar to initiate criminal

proceedings against defendant No.5 under section 340 of

Cr.PC.

2.

For the sake of convenience, the parties are

referred to as per their status and rank before the Trial Court.

3.

Brief facts of the case are that, the plaintiff

filed the suit O.S.No.8215/1995 before the trial Court

against defendant Nos.1 to 4 seeking the relief of specific

performance of the contract dated 14.04.1993 and

directing defendant Nos.1 to 4 to execute the registered

sale deed in respect of the Schedule Property by

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accepting the balance consideration amount. The

Schedule appended to the plaint