L. RADHAKRISHNAN Vs. D. SUBBA REDDY AND ORS.

JUDGEMENT

(1.) The present appeal filed under Sec. 100, C.P.C. is directed against the divergent judgment passed under Sec. 96, C.P.C. by the first appellate court, i.e. Senior Civil Judge, KGF, in R.A. 13/99 dated 8.2.2006.

(2.) Appellant herein was the plaintiff in an original suit in O.S. 382/99, a suit filed for the relief of specific performance of an agreement of sale dated 17.1.1983. The said suit came to be decreed as prayed for, after contest, against which the legal heirs of the defendant therein filed an appeal in terms of Section, 96 of CPC. The said appeal is allowed and the judgment and decree of the trial court is set aside. It is this divergent judgment which is called in question by the plaintiff on various grounds as set out in the appeal memo.

(3.) Parties will be referred to as plaintiff and defendant as per their ranking before the trial court.