K.BYREGOWDA Vs. MUNIYAPPA

JUDGEMENT

(1.) This appeal by the plaintiffs in O.S.No.184/2013 is directed against the impugned judgment and decree, whereby the said suit filed by the appellants-plaintiffs for specific performance and other reliefs in relation to the suit schedule immovable properties was dismissed by the Trial Court.

(2.) Heard learned counsel for the appellants and learned counsel for the respondents and perused the material on record.

(3.) A perusal of the material on record will indicate that the appellants-plaintiffs instituted the aforesaid suit against the aforesaid respondents-defendants interalia contending that the original defendant has executed the sale agreement dtd. 3/11/2011 in favour of the appellants-plaintiffs and since the respondents-defendants did not come forward to perform their contract and register the sale deed in their favour, the appellantsplaintiffs sought for decreeing of the suit. During the pendency of the suit, the original defendant passed away and his legal representatives were brought on record, who filed their written statement interalia disputing the various contentions put forth by the appellants/plaintiffs. In fact, respondents-defendants denied and disputed the alleged sale agreement dtd. 3/11/2011 and also contended that the signatures said to be contained in the said agreement was not that of the original defendant and was forged /fabricated at the instance of the appellants/plaintiffs. Pursuant to the pleadings of the parties, the Trial Court framed the following issues: