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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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