AND

DECREE

DATED

06.03.2018 PASSED IN RA NO.76/2017 ON THE FILE OF THE

PRL.SENIOR

CIVIL

JUDGE

AND

CJM.,

CHICKBALLAPUR

ALLOWING THE APPEAL AND SETTING ASIDE THE ORDER ON

IA IV DATED 13.04.2017 PASSED IN OS NO.473/2015 ON THE

FILE

OF

II

ADDL.CIVIL

JUDGE

AND

JMFC.,

CHICKBALLAPUR, ALLOWING THE ORDER ON IA IV FILED

UNDER ORDER 7 RULE 11[a]and [d] R/W SEC.151 OF CPC FOR

REJECTION OF PLAINT.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

- 4 -

JUDGMENT

The appellants had filed a suit in O.S.No.143/2005 before

the jurisdictional Civil Court seeking for specific performance

of the 'Agreement of Sale' dated 07.06.1997 executed by

respondent Nos.2 to 7 in respect of the suit schedule

properties.

During the pendency of the suit, the respondents

No.2 to 7 conveyed the suit schedule property to the wife of

respondent No.1. The respondent No.1 after demise of his wife

filed an application under Order 1 Rule 10(2) of CPC to implead.

The application was rejected stating that the sale transaction is

hit by Section 52 of Transfer of Property Act.

The trial Court, after appreciating the evidence on

record, proceeded to decree the suit for specific perfor