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VIKRAM NATH, PRASHANT KUMAR MISHRA
P. Ravindranath – Appellant
Versus
Sasikala – Respondent


Advocates:
For Petitioner(s) Mr. Brijendra Singh, Adv. Mr. Rana Pratap Singh, Adv. Mr. Shishir Kumar Saxena, Adv. Mr. Jagdamba Prasad, Adv. Mr. Dhirendra Pratap Srivastava, Adv. Mr. Baij Nath Yadav, Adv. Mr. Praveen Swarup, AOR For Respondent(s) Mr. Sanjay Parikh, Sr. Adv. Ms. Srishti Agnihotri, AOR Ms. Tara Elizabeth Kurien, Adv. Mr. D.P. Singh, Adv.

JUDGMENT :

Vikram Nath, J.

1. Leave granted.

2. This appeal, by the defendant, assails the correctness of the judgment and order dated 17.12.2015 of the High Court of Karnataka in RFA No.362 of 2003, whereby the appeal of the appellant was dismissed and the judgment and decree of the Trial Court dated 22.10.2002 passed in O.S. No.2188 of 1983, decreeing the suit for specific performance was confirmed.

Brief facts:

3. Smt. Sasikala and K. Satyanarayana (original vendees) entered into an agreement to sell dated 24.05.1981 with Muni Venkata Reddy and his four sons (original vendors) for sale of Survey No.129, New No.220/01, Site No.14 situated at Kodihali Village, HAL, S.B. Area, Bangalore-17 measuring East to West 132 feet and North to South 40 feet total 5280 sq. feet (hereinafter referred to as the “property in dispute”). The total sale consideration was stated to be Rs.29,000/-, out of which, an advance of Rs.12,000/- was paid at the time of agreement to sell dated 24.05.1981. The balance amount was to be paid at the time of registration of the sale deed. The necessity for sale had arisen because of want of funds by the vendors. The stipulated period was fixed as three months, but as t

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