SURESH AND ORS. Vs. PRADEEP AND ORS.

JUDGEMENT

(1.) DEFENDANTS in O.S. No. 7/1997 on the file of the Civil Judge (Sr. Dn.) & CJM, Gadag have come up in this second appeal impugning the divergent judgment rendered by the lower appellate Court, namely, Fast Track Court, Gadag in R.A. No. 54/2006, wherein, the judgment and decree passed in O.S. No. 7/1997 in dismissing the suit of the plaintiff for the relief of specific performance is set aside and consequently, suit of the plaintiff is allowed in the judgment and decree passed in R.A. No. 54/2006.

(2.) BRIEF facts leading to this second appeal are as under:

(3.) WITH that as defence on behalf of defendant Nos. 1 to 4, the Court below framed the following issues.