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THE HIGH COURT OF KARNATAKA
MR. PRADEEP SINGH YERUR, J
MR.A.FAZEEL PASHA – Appellant
Versus
SRI. M. M. MANJUNATH – Respondent
| Table of Content |
|---|
| 1. plaintiff seeks possession and performance of a 1986 agreement. (Para 3 , 5 , 6) |
| 2. dispute over amendment of plaint under limitation. (Para 7 , 9 , 10 , 12) |
| 3. court's view on the relevance of specific performance. (Para 8 , 19 , 20 , 21) |
| 4. the application is disposed with instructions on treating the suit accordingly. (Para 16 , 22) |
ORDER
Heard Sri Sailesh S. Katarey, learned counsel for the petitioner and Sri R.B.Sadasivappa, learned counsel for caveator/respondent No.1.
2. Sri R.B.Sadasivappa, learned counsel also undertakes to file vakalath on behalf of respondent Nos.3 and 4. Respondent No.2 was not represented before the trial Court. Hence, notice to respondent No.2 is dispensed.
3. This petition is filed by the petitioner who was the plaintiff in the original suit in O.S.No.5968/2017 challenging the order dated 02.08.2024 passed by the LX Additional City Civil and Sessions Judge at Bengaluru, on I.A.No.10.
4. Parties to the proceedings shall be referred to as plaintiff and defendants.
5. The plaintiff filed suit against the defendants for the following reliefs:
“1. Direct the defendants to HAND OVER VACANT POSSESSION of suit schedule property to the plaintiff as e
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