CHANDRASHEKHAR Vs. DHARMANAGOUDA

JUDGEMENT

(1.) The captioned writ petition is filed by plaintiff feeling aggrieved by the order passed by the first appellate Court on I.A.No.2 filed under order 39 Rule 1 and 2(A) read with Sec. 151 of CPC.

(2.) The plaintiff has filed a suit for specific performance alleging that the defendants have voluntarily executed a registered agreement of sale on 16/6/2004 for a sale consideration of Rs.2,75,000.00 and has paid Rs.2,70,000.00 as earnest money. Defendants have contested the suit and claimed that they had no intention to sell the suit property and the transaction is a loan transaction and the said agreement is executed by way of collateral security. The trial Court after full-fledged trial dismissed the suit of the plaintiff.

(3.) Feeling aggrieved by the Judgment and Decree of the trial Court, plaintiff preferred an appeal before the lower appellate Court.