JOYCE SEVERINE REGO Vs. GRETTA ASHA DSILVA

JUDGEMENT

(1.) This regular first appeal is preferred by the defendant under Section 96 of Code of Civil procedure, 1908 challenging the judgment and decree dated 12.07.2011 passed by the II Addl. Senior Civil Judge, Mangalore, Dakshina Kannada, in O.S.No.313/2005 whereby, the Trial Court has decreed the suit partly.

(2.) For the sake of convenience, parties herein shall be referred to, in terms of their status before the Trial Court.

(3.) Plaintiff filed the suit against defendant seeking the relief of specific performance directing the defendant to execute and register the sale deed in respect of suit schedule property in favour of the plaintiff or her nominees within the time fixed by the Court and on her failure to register the same through the process of the court and for directing the defendant to pay damages at the rate of Rs.5,000/- per day from the date of suit till registered sale deed is executed in respect of suit schedule property in favour of the plaintiff.