DAED

05.08.2016

PASSED

INTERLOCUTORY APPLICATION NO.25 IN O.S.NO.292/2015

ON THE FILE OF THE HON'BLE CIVIL JUDGE AND JMFC,

MOODABIDRI, D.K. WHICH IS PRODUCED AT ANNEXURE-A.

THIS

PETITITON

COMING

ON

FOR

PRELIMINARY

HEARING THIS DAY, COURT MADE THE FOLLOWING:

O R D E R

The instant writ petition is filed by the plaintiff with

a prayer to quash the order dated 05.08.2016 passed on

I.A.No.25 in O.S.No.292/2015 by the Civil Judge & JMFC,

Moodabidri, D.K., vide Annexure-A.

Heard the learned Counsel appearing for the

parties and perused the material available on record.

Brief facts of the case as revealed from the

records are, that the plaintiff/petitioner had filed

OS.No.292/2015 before the Trial Court with a prayer for

decree of specific performance of the agreement of sale

dated 13.10.2011. During the pendency of the suit, a

portion of the suit schedule property was acquired by the

National Highway Authority and it is under these

circumstances, the plaintiff had filed I.A.No.25 under

3

Order VI Rule 17 of CPC before the Trial Court to bring

the subsequent events on record and also to reduce the

extent of the suit schedule property accordingly.

4.

The

said

application

was

opposed

by

def