N. NANJAPPA Vs. BYRAPPA

JUDGEMENT

(1.) This matter is listed for admission today. Heard the learned counsel for the appellant.

(2.) This appeal is filed challenging the judgment and decree dtd. 18/4/2022, passed in R.A.No.1/2019, on the file of the III Additional District and Sessions Judge, Chikkaballapura.

(3.) The factual matrix of the case of the plaintiff/appellant before the Trial Court in O.S.No.79/2012 is that he had filed an Execution Case No.170/2006 against the judgment-debtor one Narayanappa S/o Late Avalappa on the basis of the judgment and decree passed in O.S.No.67/1994 filed for specific performance of contract on the file of the Senior Civil Judge Court, Chickballapur. It is the contention of the plaintiff before the Trial Court that in the said Execution Case No.170/2006, the plaintiff had filed the draft sale deed on 19/7/2008 and the said sale deed was verified and found correct by the office of the Court as per the order sheet dtd. 26/8/2008. On 20/3/2009, the said sale deed was prepared and the said execution case stood posted for "Say of NBK", the plaintiff's counsel in the said execution case. The defendant filed an application under Order 1 Rule 10 of CPC seeking his impleadment as 2nd JDR in the said execution case which was rejected on 25/6/2010. From 20/3/2009, the date of filing of the impleading application, till the date of disposal of the impleading application, the Court could not order the execution of the said sale deed prepared and readied on 20/3/2009 for registration. In the meanwhile, the amendment was brought into and the registration cost is also increased. As a result, he had suffered loss to the tune of Rs.9,13,935.00 and hence the suit was filed for the recovery of the money.