PUSHPALATHA Vs. D R SADANANDA MURTHY

JUDGEMENT

(1.) Both these appeals have been filed challenging the judgment and decree dated 05-11-2013 passed by the Court of the XXV Additional City Civil Judge at Bangalore City (CCH-23) (hereinafter for brevity referred to as "Trial Court") in O.S.No.7411/1994, which was a suit for the relief of specific performance of a contract.

(2.) The plaintiffs in the Trial Court have filed R.F.A.No.174/2014, challenging the rejection of the relief of specific performance, whereas the defendant in the Trial Court has preferred R.F.A.No.1896/2013 seeking restriction of the percentage of interest awarded by the Trial Court to Rs. 6% per annum instead of Rs. 12% per annum.

(3.) The plaintiffs had filed an Original Suit in the Trial Court through their Power of Attorney holder against the defendant for the relief of specific performance and the relief of possession in respect of the undelivered portion of the suit schedule property which is a property bearing portion of premises No.3 (old No.14/3) situated in Basappa Cross Road, Shanthinagar, Bangalore-27, measuring East to West 50 ft., on northern side 54 ft., and on southern side 60 ft.