SHAIKH MAULA ALI Vs. P. ANUSUYA

JUDGEMENT

(1.) This revision petition is filed challenging the order dtd. 28/11/2022 passed on I.A.No.VII in O.S.No.250/2013 on the file of the II Additional Senior Civil Judge and JMFC, Devanahalli.

(2.) This revision petition is listed for admission. Heard the learned counsel appearing for the petitioner.

(3.) The factual matrix of the case of the plaintiff before the Trial Court that there was a sale agreement between the plaintiff and the defendant and the defendant had received an amount of Rs.1,12,50,000.00 from the plaintiff towards sale consideration but he did not come forward to execute the registered sale deed hence, the plaintiff approached the Trial Court to direct the defendant to execute the registered sale deed in favour of plaintiff pursuant to the sale agreement dtd. 29/2/2008 accepting the balance sale consideration of Rs.27,50,000.00 and if the Court comes to the conclusion that the specific performance is not possible, then direct the defendant to paid the sum of Rs.1,12,50,000.00 as the amount paid under the sale agreement together with interest at 24% from 3/5/2009 till 15/4/2013 amounting to Rs.1,47,50,000.00 and thus, direct the defendant to pay a total sum of Rs.2,60,00,000.00 together with future interest at 24% from the date of the suit till its realization.