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2019 Supreme(Kar) 1902

K.S.MUDAGAL
Parvathamma – Appellant
Versus
B Subramanya Sharma – Respondent


Advocates:
Advocate Appeared:
Vijaya Kumar K, Adv., Shivakumar S. Gogi, Adv.

JUDGMENT :

K S Mudagal, J.

This regular second appeal of defendants arises out of judgment and decree dated 15.06.2018 passed by the Senior Civil Judge, Somwarpet in R.A.No.1/2017. By the impugned judgment and decree, the First Appellate Court dismissed the appeal of the appellants and confirmed the judgment and decree dated 30.11.2016 passed by the Principal Civil Judge and JMFC, Somwarpet in O.S.No.92/2011. By the said judgment, the trial Court had decreed the suit of the present respondents for specific performance of agreement of sale.

2. Appellants were defendant Nos.1 to 7 in O.S.No.92/2011. That suit was filed by one B.Subramanya Sharma. He died when the matter was pending before the First Appellate Court. Respondents are legal representatives of said Subramanya Sharma. For the purpose of convenience, henceforth the parties will be referred to by their ranks before the trial Court.

3. The subject matter of the suit was land bearing Survey No.36:1(B)(2) which was renumbered as Kula No.180/A, Survey No.62/2(B) of Nagrooru Village, Somwarpet Taluk. The said property was granted to S.Basappa under Ex.P20 under the Karnataka Land Grant Rules, 1969 ('the Rules' for short).

4. The case

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