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KARNATAKA HIGH COURT
MR. SACHIN SHANKAR MAGADUM, MR. G BASAVARAJA, JJ
K. YERRISWAMY – Appellant
Versus
K M A A S L H A I G M A S L A ADINNI – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim of specific performance is challenged by defendants. (Para 1 , 3 , 4 , 5) |
| 2. arguments regarding payment and coercion were presented. (Para 8 , 10 , 12) |
| 3. court examined the enforceability of the agreement and the credibility of parties. (Para 16 , 18 , 20 , 22 , 23) |
| 4. finding that the agreement cannot be enforced against a partnership firm. (Para 19) |
| 5. conclusion that the appeal lacks merit and is dismissed. (Para 24) |
CAV JUDGMENT
(PER: THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM)
The captioned appeal is by the plaintiff assailing the judgment and decree rendered by the trial Court in O.S.No.56/2011 wherein plaintiff's suit seeking relief of specific performance of contract based on an agreement of sale dated 10.06.2010 is partly allowed by the trial Court and suit is decreed ordering for refund of earnest money of Rs.80,00,000/- with interest at the rate of 10% per annum from the date of suit till realization. Plaintiff is therefore in an appeal.
2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.
3. The facts leading to the case are as under:
Plaintiff has filed the present suit alleging that defendant
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