NEELAKAHTAPURAM JAYARAM Vs. N GANGADHAR

JUDGEMENT

(1.) APETITIONER is the plaintiff and the respondent is the 1st defendant in O.S.166/ 04 on the file of the City Civil Court, Bangalore. The prayer in the suit is for declaration that, the alleged lease deed dated 30/4/1997 and an agreement of sale dated 27/6/1997 purported to have been entered into between the defendants in respect of the suit schedule property are fraudulent transactions, outside the scope of the power granted by the plaintiff to the 2nd defendant, vitiated by fraud, null and void and not binding on the plaintiff and to direct the 1st defendant to quit and deliver vacant possession of the suit schedule property and for permanent injunction.

(2.) THE 1st defendant has filed written statement. THE 2nd defendant has passed away. I. A.9 filed to bring his legal representatives on record has been dismissed. Based on the material pleadings, the issues have been framed. Trial of the suit has taken place. Plaintiff has deposed as PW-1 and his GPA holder as PW- 2. THE 1st defendant has deposed as DW-1.

(3.) SRI S.M. Hegde Kadave, learned counsel appearing for the respondent contended that, I.A.12 having been filed after commencement of trial and there being no due diligence on the part of the plaintiff, in vie,w of the decision in the case of Vidyabai and others v. Padmalatha and another 2009 AIR SCW 899 : (2009 (2) AIR Kar R 324), the impugned order is justified.