HANUMANTAPPA Vs. KRISHNAJI

JUDGEMENT

(1.) This appeal is directed against the order dtd. 5/6/2010 on I.A.1 for condonation of delay in unregistered Regular appeal No.6/2008 on the file of the I Addl. Senior Civil Judge, at Hubli, thereby dismissing the appeal and confirming the judgment and decree of the trial Court dtd. 19/4/2003 in O.S.No.60/1997.

(2.) Heard Smt.Shaila Bellikatti, learned Counsel for the appellant.

(3.) Appellant filed a suit for a specific performance of an agreement dtd. 19/4/1993 against the legal representatives of his brother, the defendant-respondent herein, to execute a sale deed in respect of suit schedule property bearing V.P.C.No.26:2, measuring 22 feet 6 inches (East-West) and 91 feet 6 inches(North-South). The suit was filed on the premise that during the year 1993, the plaintiff's brother was keeping indifferent health and defendants were not taking care of him. Therefore, he had desired to sell the suit schedule properties for Rs.12,000.00. The plaintiff had agreed to purchase the same and gave Rs.11,000.00 as advance sale consideration. Despite repeated request, plaintiff's brother did not execute the sale deed on one pretext or the other and he passed away on 25/7/1994. Plaintiff got a legal notice issued on 18/1/1997. The defendants did not respond to the same. Therefore, he was compelled to file the instant suit.