SHIVANANJEGOWDA Vs. R.MURALIDHAR

JUDGEMENT

(1.) The captioned writ petition is filed questioning the order dtd. 11/10/2019 passed on I.A.No.5 under Sec. 5 of the Limitation Act in R.A.No.10035/2015.

(2.) The facts leading to the case are as under: The present petitioner is the appellant in R.A.No.10035/2015. The present petitioner instituted a suit for specific performance of contract by alleging that the respondent/defendant has executed an agreement to sell on 1/2/2004 in respect of Sy.No.57 measuring 4 acres and Sy.No.157 measuring 4 acres. The present petitioner alleged that respondent/defendant while executing suit agreements have jointly received a sum of Rs.1,00,000.00 i.e., Rs.50,000.00 on each agreement with a condition that sale transaction would be completed within a period of six months. The suit is decreed in part. The Trial Court has declined to grant specific performance of contract and defendant is directed to repay the advance sale consideration amount of Rs.25,000.00 along with 12% interest.

(3.) Against the dismissal of the suit insofar as main relief of specific performance of contract is concerned, the present petitioner has preferred an appeal in R.A.No.10035/2015. The respondent/defendant feeling aggrieved by the findings recorded by the Trial Court on issue No.1 and additional issue No.1 has preferred a cross appeal. The Appellate Court while entertaining the cross appeal has proceeded to condone the delay of 210 days in filing the cross appeal and the cross appeal is taken on record.