ALLABAKSHA Vs. SAYYAD JAVED PASHA

JUDGEMENT

(1.) This appeal arises out of judgment and decree passed by the First Additional Senior Civi l Judge, Belagavi in O.S.No.14/2011 dated 15.12.2012.

(2.) The appellants herein had f i led the said suit seeking a judgment and decree of specif ic performance of an agreement to sel l dated 21.08.2009 in respect of 4 acres 32 guntas of land in R.S.No.1222/3 and 3 acres 28 guntas of land in R.S.No.1222/4, both situated at Belagavi City, more particularly described in the schedule annexed to the plaint.

(3.) The said suit was tried and, by judgment and decree dated 15.12.2012, the suit was decreed in part, decl ining to grant the rel ief of specific performance of the agreement, but directing refund of the earnest money with interest at the rate of 9% per annum from 21.08.2009 ti l l real ization to be paid to the plaintif f within two months from the date of the judgment and decree by way of an alternative relief.