MAHADEV Vs. GEETA AND ORS.

JUDGEMENT

(1.) Though the appeal is posted for admission, by the consent of the learned counsel for the parties, the matter is taken up for final hearing.

(2.) This is a plaintiff's regular second appeal against the judgment and decree dated 30.08.2011 made in R.A. No. 98/2010 on the file of the Fast Track Court, Jamakhandi, confirming the judgment and decree dated 6.3.2010 made in O.S. No. 203/2006 on the file of the Addl. Civil Judge, (Sr.Dn), Jamakhandi, decreeing the suit in part rejecting the prayer of the plaintiff for specific performance of the contract and held that the plaintiff is entitled to refund of earnest money of Rs. 1,50,000/ - with interest at 6% p.a. from the date of suit till the date of realization, from the defendant.

(3.) For the sake of convenience the parties are referred to as per their ranking before the Trial Court below.