V VENKATARAVANAPPA Vs. D K GOPAL

JUDGEMENT

(1.) This second appeal of the defendant arises out of the Judgment and Decree dated 09.02.2016 in R.A.No.39/2014 passed by the Principal District Judge, Chikkaballapur. By the impugned Judgment, the first appellate court set aside the Judgment and Decree dated 14.08.2014 passed by the Principal Senior Civil Judge, Chikkaballapur in O.S.No.149/2008 so far it relates to grant of decree for specific performance of the contract and remanded the matter for framing an issue regarding hardship pleaded by the defendant in his written statement and for fresh disposal.

(2.) Respondents filed O.S.No.149/2008 against the present appellant seeking specific performance of agreement of sale dated 07.09.2006 as per Ex.P.1 allegedly executed by the appellant.

(3.) For the purpose of convenience, the parties will be referred to henceforth with reference to their ranks before the trial court.