I.S. SIKANDAR Vs. K. SUBRAMANI

JUDGEMENT

(1.) Leave granted.

(2.) This civil appeal is directed against the judgment and order dated 08.12.2008 passed in Regular First Appeal No. 97 of 2001 by the High Court of Karnataka, Bangalore, urging certain relevant facts and legal contentions, whereby the High Court has reversed the judgment and decree passed in the Original Suit No. 2012 of 1985 dated 25.09.2000 by the XIth Additional City Civil Judge, Bangalore City, Bangalore and has modified the decree by allowing the appeal, granting the decree for specific performance of the Agreement of Sale in favour of the Respondent No. 1/Plaintiff in relation to the suit schedule property. Further, it has granted the decree of permanent injunction against the Defendants restraining them from interfering with the Respondent No. 1/Plaintiffs peaceful possession and enjoyment of the suit schedule property.

(3.) Necessary facts and legal contentions urged on behalf of the parties are stated herein with a view to find out as to whether the impugned judgment and decree in granting the relief of specific performance of the sale of the suit schedule property in favour of the Plaintiff requires to be set aside by allowing this appeal.