KOMALA KRISHNA REDDY Vs. NAGARATHNAMMA

JUDGEMENT

(1.) Heard the learned Senior Counsel appearing for the appellants and the learned counsel for the respondent.

(2.) This appeal is filed challenging the order dtd. 3/4/2021 passed in Misc.No.112/2019, on the file of the Principal Senior Civil Judge, Bangalore Rural District, Bangalore rejecting the petition filed under Order 9 Rule 13 of CPC praying to set aside the exparte judgment and decree dtd. 18/12/2018 passed in O.S.No.1803/2016.

(3.) The factual matrix of the case of the appellants/petitioners before the Trial Court is that the appellants herein entered into an agreement of sale dtd. 2/1/2013. In terms of the sale agreement, the respondent made the payment of Rs.34,50,000.00 out of Rs.36,00,000.00 and the appellants herein did not come forward to execute the sale deed and without any other option, the respondent filed the suit in O.S.No.1803/2016. In the said suit, notice was served on the appellants herein and they did not appear before the Trial Court and were placed exparte. After one year, an application was filed under Order 9 Rule 7 of CPC and the same was allowed on 17/4/2018 and date was fixed for filing the written statement on 12/6/2018 on cost of Rs.1,000.00 and the appellants did not appear before the Trial Court and not filed any written statement. The Trial Court proceeded to pass the judgment and decree directing the appellants to execute the sale deed in favour of the respondent by receiving the balance sale consideration of Rs.1,50,000.00.