T.M.C. BASANNA, S/O. T.G. MALLANNA Vs. PAVITHRA HALAKATTI, D/O. HARA. C. HALAKATTI, MR. HARA. C. HALAKATTI, S/O. LATE C.P. HALAKATTI AND MRS. SHEELA HARA, W/O. HARA. C. HALAKATTI

JUDGEMENT

(1.) THE legality and correctness of the judgment and decree passed by the XI Additional City Civil Judge, Bangalore dated 22 -2 -2005 passed in O.S. No. 857/04 is called in question by the Appellant herein.

(2.) APPELLANT was the Defendant in the suit and the Respondents were Plaintiffs before the court below.

(3.) THE Plaintiffs have stated that an application under Order II Rule 2 of Code of Civil Procedure was also filed seeking leave of the court to institute a separate suit for specific performance on the same cause of action at a later date. Therefore, filed a suit for specific performance of the agreement to direct the Defendant to execute the sale deed by receiving the balance sale consideration and also to pay a sum of Rs. .5,00,000/ - as liquidated damages towards the loss caused to the Plaintiffs for having not executed the sale deed within the stipulated time.