(1.) This appeal has been filed by the petitioner in Miscellaneous Petition No.132/2010 challenging the order dated 1.9.2017 whereby the petition filed under Order XLI Rule 19 of CPC has come to be dismissed.
(2.) Parties are referred to by their ranks in the Miscellaneous Petition for the purpose of convenience.
(3.) The Petitioner had filed O.S.No.170/1995 before the Principal Civil Judge (Jr.Dvn.) and JMFC at Anekal seeking specific performance of the contract dated 27.11.1987 and a direction to the respondent to execute the sale deed in favour of the petitioner in respect of an extent of 1 acre 14 guntas in Sy.No.428 of Marsur Village, Kasaba Hobli, Anekal Taluk, Bengaluru District.