RAMACHANDRA Vs. RACHAPPA MALLAPPA ADAKI

JUDGEMENT

(1.) RSA No.1508/2007 has arisen out of a judgment and decree passed in O.S. No.138/1999 which was pending on the file of the Prl. Civil Judge (Sr.Dn.), Dharwad. Appellants in R.F.A. No.1508/2007 are the legal representatives of deceased 1st defendant in the said suit. Respondent No.1 herein is the plaintiff in the said suit. Defendants No.2 to 5 are the sons of deceased 1st defendant. 1st respondent herein is the plaintiff in the said suit.

(2.) SUIT filed for the relief of specific performance of contract has been dismissed and alternative relief of return of refund of earnest money of 1,25,000/ - has been granted vide considered judgment dated 13.04.2007. The learned Judge of the trial Court has directed the legal representatives of deceased defendant No.1 i.e. 1(a) to 1(d) only to refund the entire consideration of Rs.1,25,000/ -. It is this judgment which is called in question on various grounds as set out in the appeal memo.

(3.) PLAINTIFF has come up with cross objection under Order 41 Rule 22 of C.P.C. after the lapse of 7 years and the same is registered as R.F.A. Crob. No.100005/2014. Necessary application is filed under Section 5 of the Limitation Act with a request to condone the delay. Cross objection filed under Order 41 Rule 22 of C.P.C. has taken up together for common judgment. Facts leading to the filing of the suit are as follows: