VEENA RAO Vs. PETER VINCENT BARNES

JUDGEMENT

(1.) The plaintiffs in OS.No.137/2006 on the file of Principal Civil Judge (Sr.Dn), Udupi, have come up in this writ petition impugning the order dated 15.6.2013 in rejecting their application in IA.9 under Section 151 of CPC seeking direction to the surviving defendants to furnish the names and address of the legal heirs of 4th defendant, who died on 19.12.2011. The parties herein are referred to by their rank in the trial court.

(2.) Brief facts leading to this writ petition are as under:

(3.) The plaint averments would further indicate that a sum of Rs.5,00,000/- is paid to defendants on 3 dates i.e., Rs.2,00,000/- on 23.8.1997, Rs.2,50,000/- on 10.3.1998 and Rs.50,000/- on 20.3.1998. Out of that Rs.50,000/- is paid by cheque and the remaining amount by cash. It is stated that the sale transaction did not come through for the reason that the extent of land agreed to be conveyed was not available and the extent available was only 50 cents. It is in this behalf, a supplementary agreement of sale was entered in to between the parties on 16.7.2002. It is seen that subsequently, there are certain disputes which resulted in transaction not coming through. Hence, the suit for recovery of advance amount paid along with interest is filed on 30.11.2006.