LAWS(KAR)-2016-1-190

NARASAMMA AND ORS. Vs. LAKSHMAMMA AND ORS.

Decided On January 28, 2016
Narasamma And Ors. Appellant
V/S
Lakshmamma And Ors. Respondents

JUDGEMENT

(1.) Petitioners filed the petition requesting the Court to set -aside the order dated 16.02.2015 passed on I.A. No. 4 in O.S. No. 973/2003 by the XI Addl. City Civil Judge, Bengaluru City, produced at Annexure -A.

(2.) Petitioners -plaintiffs filed the suit before the Trial Court seeking specific performance of the agreement of sale as against defendant No. 1, who is said to have executed the agreement of sale. Subsequently, the application I.A. No. 4 came to be filed by the petitioners herein under Order VI Rule 17 of CPC to amend the pleadings and also the relief column seeking declaration that the sale deed dated 19.09.2002 executed by defendant No. 1 in favour of defendant No. 2 is null and void; said application I.A. No. 4 was opposed by respondent -defendant No. 2 by filing objections. After considering the merits of the said application, ultimately, the Trial Court rejected the said application I.A. No. 4. Being aggrieved by the same, petitioners -plaintiffs are before this Court.

(3.) Heard the arguments of the learned counsel appearing for the petitioners -plaintiffs and also the learned counsel appearing for the respondents -defendants.