- (1.) Leave granted.
(2.) Defendant in a suit for specific performance of contract is before us aggrieved by and dissatisfied with a judgment and order dated 15.09.2005 passed by the High Court of Karnataka in R.S. A. No. 238 of 2000 whereby and whereunder the appeal preferred by Respondent No. 1 herein arising out of a judgment and decree dated 25.01.2000 passed in R.A. No. 5 of 1992 was dismissed.
(3.) An agreement for sale was entered into by and between the defendant - appellant and the plaintiff - Respondent No. 1 for sale of 4 acres, 4 guntas of land in Survey No. 112/A, Chhidri village. A suit for specific performance of contract was filed by the plaintiff - Respondent No. 1 on the premise that the appellant did not perform his part of contract. The said suit was dismissed. It was, however, inter alia held by the Trial Court that Respondent No. 1 was all along ready and willing to perform its part of contract. An appeal preferred thereagainst by the respondent No. 1 was dismissed.;