B. KRISHNAPPA Vs. CAUVERY GRUHA NIRMANA AND ANR.

JUDGEMENT

(1.) The respondents have tiled O.S. No. 464/2014 in the Court of the II Addl. I Civil Judge at Mysuru against the petitioner, his wife and the two children, to pass a decree of specific performance of the agreement dated 02.09.2004 and direct the defendants to execute the sale deed and handover possession of the plaint schedule property in favour of the nominee of the plaintiff No.1 i.e., plaintiff No.2 and for grant of consequential reliefs.

(2.) The suit was filed on 11.04.2014. The cause of action for the suit as per the plaint averments has arisen with the execution of the sale agreement on 02.09.2004 and on subsequent dates and finally on 19.02.2014 when a reply to the notice dated 29.01.2014 was sent.

(3.) The defendants filed written statement on 24.02.2015. Simultaneously, they filed I.A. No.III, under Order 7, Rule 11 (d) of Civil Procedure Code, praying for rejection of the plaint on the premise that the suit is barred by law' of limitation. The Trial Judge having passed an order dated 26.06.2015 and dismissed I.A. III, this petition was filed on 10.08.2015 to set aside the said order and for allowing of I.A. No. III filed in the suit and consequently, reject the plaint.