HIGH COURT OF KARNATAKA
SHIVAPPA S/O BASAPPA MARADI – Appellant
Versus
SMT.USHA W/O PAVITRA KUMAR ATTAVAR, – Respondent
DATED
21.11.2016 AT ANNEXURE-F PASSED BY THE ADDITIONAL
SENIOR CIVIL JUDGE RANEBENNUR, IN O.S.NO.114/2011, IN
SO FOR IT RELATES TO REJECTING THE AMENDMENT AND
FURTHER DIRECT THE BELOW TO ALLOW THE I.A.NO.7 FILED
BY THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
B- GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner filed a suit for recovery of a sum of
Rs.7,02,241/- and this claim was based on an agreement
of sale said to have been entered into between the
petitioner and respondents herein on 24.10.2009.
2. The plaintiff contended that an agreement of sale
had been entered into between the plaintiff and the
defendants, whereby the defendants had agreed to sell the
suit property for consideration of Rs.12,50,000/- and they
had already handed over the possession of the suit
property. It was stated that the plaintiff also paid a sum of
Rs.4,00,000/- as earnest money under the agreement of
sale dated 24.10.2009 to the defendants.
- 3 -
3. The plaintiff specifically contended that on a legal
notice being issued calling upon the defendants to abide
the terms of the contract, a reply on 08.06.2011 was
given by the defendants, whereby, the defendants de
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