RIYAZ PASHA Vs. BAMDEV NAYAK

JUDGEMENT

(1.) MFA No.5447/2025 is filed by the plaintiffs being aggrieved by the order passed on I.A.No.2 filed under Order XXXIX Rule 1 and 2 read with Sec. 151 of Civil Procedure Code, 1908 (for short, 'CPC'), dismissing the application and not to put up further construction and MFA No.4871/2025 is filed by defendant No.2 being aggrieved by the order passed on I.A.No.1 filed under Order XXXIX Rule 1 and 2 read with Sec. 151 of CPC, thereby allowing the application restraining the defendants from making alienation of flats, in O.S.No.1237/2025, dtd. 13/6/2025, on the file of III Additional City Civil and Sessions Judge (CCH-3), at Bengaluru.

(2.) The case of the plaintiffs in brief is that defendant No.1 is the owner of the suit schedule property and the plaintiffs have agreed to purchase the same from defendant No.1. Accordingly an agreement of sale was executed on 5/1/2018 for a total sale consideration of Rs.13,75,12,500.00 and out of which, it is stated that the plaintiffs had paid an advance amount of eleven crore rupees to defendant No.1. But therafterwards defendant No.1 has not come forward to execute the sale deed. Therefore, the plaintiffs was constrained to file suit for specific performance of contract.

(3.) It is stated that defendant No.1 is in mentally incapacitated condition and therefore, defendant No.2 has filed the written statement he being son of defendant No.1 by denying all the averments. Defendant No.2 denied the plaint averments and more particularly denied payment of advance amount of eleven crore rupees through cash as no prudent man can accept such huge amount by cash. Therefore, he has totally denied the case of the plaintiffs.