Defendant No.1 represented by defendant No. 6 in O.S.

No. 101/2007 is impugning the judgment and decree dated

14.12.2010 on the file of the learned Prl. Civil Judge (Sr.

Dn.), Hubballi (hereinafter referred to as the trial Court),

decreeing the suit for specific performance of contract, i.e.,

the agreement for sale, dated 14.02.2006 and directing

defendant No.1 represented by defendant No.6 to execute

the registered sale deed within three months from the date

of the order, by receiving the balance consideration amount

which is already deposited before the Court.

2.

Parties are referred to as per their ranking before

the trial Court.

3.

The plaintiff filed the suit O.S. No. 101/2007

against defendant nos.1 and 2 seeking specific performance

of contract, i.e., the agreement dated 18.02.2006 and to

direct defendant no.1 to execute the registered sale deed in

respect of the schedule property bearing plot no. 34

comprised in R.S. No. 603-1+2 of Unkal village measuring

70' x 100' formed by the Hubli Dharwad Urban Development

- 4 -

Authority

(for

short

'HDUDA'),

with

the

boundaries

mentioned therein.

4.

It is contended by the plaintiff that the schedule

property was allotted in favour