S. YATHIRAJ Vs. SUSMA TALUJA AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the appellant and respondent Sri Pradeep Naik. Matter is at the stage of admission. Order dated 03.04.2010 passed on I.A.No.7 filed under Order 7 Rule 11 of CPC r/w Section 125 of Karnataka Co-operative Societies Act in O.S.No.1515/2006, which was pending on the file of the Court of XI Additional City Civil Judge, Bengaluru is called in question by filing the present appeal under Order 43 Rule 1(a) of CPC.

(2.) Appellant is the sole plaintiff in the said suit. Respondent No.1 is the first defendant and respondent Nos.2 to 4 are defendant Nos.2 to 4 in the said suit. Parties are referred to as per their rank in the Trial Court.

(3.) Suit came to be filed for the relief of specific performance of contract directing the first defendant to execute a regular sale deed in favour of the plaintiff on the basis of an agreement of sale registered on 24.02.2003. Consequential relief of permanent injunction had been sought against the 2nd defendant Society and also to grant other reliefs deemed fit in the facts and circumstances of the case.