LAWS(KAR)-2018-1-151

M L RAMAMURTHY Vs. H L GANGADHAR

Decided On January 25, 2018
M L Ramamurthy Appellant
V/S
H L Gangadhar Respondents

JUDGEMENT

(1.) The respondents' counsel has made an application as per I.A.No.2/2016 for vacating the interim order of stay. This matter is heard on merits instead of disposing of this application.

(2.) Briefly stated the facts are that the 1st respondent in this appeal filed a suit in O.S.No.7381/2009 for specific performance based on the agreement dated 16.04.2009. Subject matter of the agreement is a house property bearing No.20 formed in Sy.No.5/1, Gavipuram village, Dhobighat, Kaverinadi Road, 2nd Cross, Corporation Ward No.52, Bengaluru- 19.

(3.) It appears that during the pendency of the suit, the appellant herein wanted to come on record as one of the defendants based on the agreement dated 22.04.2008 said to have been executed by the 2nd respondent Sri. Balarama. His application for impleading was dismissed on 21.06.2011. He did not challenge the order passed on the said application. Subsequently, the 1st respondent's suit came to be decreed directing the 2nd respondent to execute the sale deed. After the decree, the 1st respondent initiated execution proceedings before the trial court and in the said execution proceedings the appellant filed an application under Order 21 Rule 97 CPC. The learned trial judge dismissed the application by order dated 11.02.2016 and therefore this appeal.