B. S. MOHAN SATHYANARAYANA RAO Vs. RAMALINGAIAH HANUMANTHAIAH

JUDGEMENT

(1.) These writ petitions are filed by the defendant against the order dated 31.1.2015 on I.A.29, I.A. Nos.34 and 35 made in O.S. No.29/2004 on the file of the Civil Judge and JMFC., Chikkanayakanahalli allowing the applications filed by the plaintiff to adduce further evidence by producing and confronting the voice recorded cassette to be played in the cassette player before the Court in evidence and to re-open the case affording the plaintiff to lead further evidence in view of the changed circumstances after verifying the documents and to recall D.W.1 subject to further cross- examination by the plaintiff.

(2.) The plaintiffs filed a suit for permanent injunction restraining the defendant or his agent or anybody from interfering with the plaintiffs- possession contending that the defendant being the rightful owner in possession of the suit schedule property has sold the same to the plaintiffs jointly by entering into an agreement to sell on 21.9.2003, for sale consideration of Rs.2,80,000.00 (Rupees Two Lakhs Eighty Thousand Only) by receiving an advance amount of Rs.1,50,000.00 (Rupees One Lakh Fifty Thousand only) on the date of execution of the agreement and hence, the possession has been delivered to the plaintiff. Therefore, they sought for injunction.

(3.) The defendant-petitioner filed his written statement denying the entire plaint averments and contended that he is in possession and enjoyment of the suit schedule property as on the date of filing of the suit. Further it is contended that since the very agreement is created for the purpose of filing suit, the same is not maintainable and hence, the suit is liable to be dismissed.