RAMESH Vs. KRISHNA KUMARNARAYAN LAL

JUDGEMENT

(1.) The plaintiff/appellant is before this Court assailing the judgment and decree in RA No.40/2010, by which the judgment and decree dated 22.12.2009 in OS No.88/1998 on the file of II Additional Civil Judge (Sr.Dn.) Kalaburagi is set aside and remitted to the Trial Court with a direction to consider application in I.A.No.XX dated 09.12.2009 filed by defendant No.1 under Sec. 151 of Civil Procedure Code seeking permission of the Court to file written statement.

(2.) The parties would be referred to as they stand in O.S. No.88/1998. The appellant is plaintiff and respondents are defendants in O.S.No.88/1998.

(3.) The plaintiff filed suit for specific performance of oral contract of sale of schedule immovable property bearing house No.1-1295 of Lahoti Estate near Gulla Bowdi Area, Aiwan-E-Shahi Road, Kalaburagi or alternatively to return the sale consideration amount of Rs.2,19,000.00 with interest at the rate of 6% per annum and also relief of permanent injunction.