H. SHARADAMMA Vs. R. RAMAPPA AND ORS.

JUDGEMENT

(1.) In this writ petition, petitioner is calling in question dismissal of his application filed seeking grant of temporary injunction. The order passed by trial court in O.S. No.511 of 2014 has been conf irmed in M.A. No.1 of 2015 by the Principal Senior Civil Judge and CJM, Ballari , vide his judgment dated 30th July 2015.

(2.) The plaintiff/petitioner has filed the suit seeking specific performance of the agreement to sell said to have been executed by defendant Nos.3, 8 to 10 and predecessor of defendant Nos.5 to 7 by name R.Hanumantappa. According to petitioner, a sum of Rs. 2,00,000/- was agreed to be paid as sale consideration, out of which an amount of Rs. 1,75,000/- was paid as advance sale consideration. It is contended by the plainti f f that as there was dispute regarding partition between the members of the fami ly in O.S. No.151 of 1997, the plaintiff did not file the suit seeking specific performance until the proceedings in the suit attained finality and till the final decree proceedings were concluded.

(3.) It is necessary to notice that plaintiff has filed the suit through his General Power of Attorney holder Sri .P.J.Neelakantam. Said P.J.Neelakantam, according to the defendants, represented them as their counsel in O.S. No.151 of 1997 and it was at his instance that the suit agreement to sell was fabricated and created with a fraudulent design and the suit came to be filed taking advantage of the creation of such a document styled as agreement to sell allegedly signed by the defendants.