LAWS(KAR)-2023-7-436

RAVIKUMAR GOWDA Vs. R. RAMANNA

Decided On July 07, 2023
Ravikumar Gowda Appellant
V/S
R. Ramanna Respondents

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the appellant and the learned counsel appearing for respondent No.1 and also the learned counsel appearing for respondent No.2.

(2.) In this appeal, the impugned order before this Court is rejecting the application filed under Order 39 Rule 1 and 2 read with Sec. 151 of CPC, wherein, the Trial Court came to the conclusion that though there was a sale transaction between the parties and an agreement was entered in the year 2019 and the sale consideration amount was Rs.4,38,75,000.00; an amount of Rs.12.00 Lakhs was paid on the date of the first agreement, wherein, 15 days time is mentioned for remaining payment. Subsequently, one more document relied upon by the plaintiff that in the year 2020, an additional payment of Rs.14.00Lakhs was paid. In all, they paid Rs.26.00 Lakhs.

(3.) The learned counsel appearing for the appellant would submit that there is a dispute with regard to the conversion of the property. In the second agreement, undertaken to provide the road and having perused the material in the first agreement no such averment found in the first document. Subsequently, the time is also fixed for two years in the second agreement.