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2020 Supreme(Kar) 2185

JYOTI MULIMANI
Gurumallappa, S/O Late Thimmanna – Appellant
Versus
Anjaneyaswamy Trust @ Gundusagara Sakharayapatna Hobli, Kadur Taluk – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Sachin B.S., Advocate
For the Respondent:Sri Irfaz, Advocate For M/S Jayakumar S.Patil Associates (Absent)

JUDGMENT :

Sri.Sachin B.S., learned counsel for appellants has appeared through video conferencing.

2. This is an appeal from the Court of Civil Judge (Sr.Dn.) and JMFC at Kadur whereby, learned Judge has decreed the suit for the relief of specific performance.

3. For the sake of convenience, the parties are referred to as per their rankings before the trial Court.

4. In brief the facts of the case are as under:-Plaintiff is the Registered Trust running under the name and style as "Sri.Anjaneyaswamy Trust (R), "Gundusagara, Sakharayapatna Hobli, Kadur Taluk and it is represented by its President and Secretary. The defendants are the absolute owners of the suit schedule property bearing Sy.No.7 measuring 03 acres 01 guntas situated at Gundusagara Village, Nagaralu Grama Panchayath, Sakharayapatna Hobli, Kadur Taluk. The Katha is also standing in the name of defendant No 1.

Plaintiff-Trust averred that defendants for meeting the expenses of the marriage of their daughter, agreed to sell the suit schedule property for a consideration of Rs.1,50,000/-and accordingly, they executed an agreement for sale on 11.04.2000 and on the very same day, they have received the entire sale consideration

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