G.B. NEELAKANTA PRABHU, S/O. BASAPPA Vs. SRI. S G. RAVIKUMAR, S/O. ONKARAPPA, SMT. SUJATHA, W/O. S.G. RAVI KUMAR AND SRI. S.G. PUNITH KUMAR, S/O. S.G. RAVI KUMAR REP. BY HIS MOTHER SUJATHA

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 30.08.2003 in O.S. No. 157/1999 passed by the Civil Judge (Junior Division) at Davangere and confirmed by the judgment and decree dated 24.03.2005 in R.A. No. 70/2003 passed by the District Judge at Davangere.

(2.) APPELLANT is the Plaintiff and Respondents are the Defendants before the Trial Court. In this judgment for convenience the parties are referred to their status before the trial Court.

(3.) DESPITE repeated requests and demands the Defendants refused to execute the registered sale deed by performing their part of obligation. Having no other alternative the Plaintiff finally got issued a notice on 03.06.1998 calling up on the Defendants to accept the balance sale consideration and to execute the registered sale deed. Despite service of notice the Defendants neither replied nor complied the demand made in the notice. Hence, the Plaintiff filed O.S. No. 157/1999 for decree of specific performance of agreement of sale or in the alternative for refund of the earnest money with interest and Court costs.