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2023 Supreme(Kar) 423

H. P. SANDESH
T. L. Swamy, S/o. Lingaiah – Appellant
Versus
M. Shanmugum, S/o. Late Manikyam – Respondent


Advocates Appeared:
For the Appellant : Sri Sreevatsa S., Senior Counsel for Sri Somashekar Kashinath.
For the Respondent: Sri T. Seshagiri Rao.

JUDGMENT :

This appeal is filed challenging the judgment and decree dated 09.02.2018, passed in O.S.No.33/2011, on the file of the Senior Civil Judge, Maddur, granting the relief of specific performance and also questioned the judgment and decree dated 24.09.20128 passed in R.A.No.15/2018 on the file of the V Additional District & Sessions Judge, Mandya, confirming the judgment and decree of the Trial Court.

2. The parties are referred to as per their original rankings before the Trial Court to avoid the confusion and for the convenience of this Court.

3. The factual matrix of the case of the plaintiff before the Trial Court is that the defendants have agreed to sell the suit schedule property for a sale consideration of Rs.5,18,000/- and received an amount of Rs.1,00,000/- out of sale consideration through a Bank Draft. The defendants have agreed to execute the regular Sale Deed within nine months from the date of sale agreement and it was noticed that in the akarband the extent was mentioned as 0.19 guntas instead of 18½ guntas and the resurvey also was in progress. In the meantime, defendant Nos.1 to 3 have approached the plaintiff on 14.09.2007 and requested him to pay Rs.1,00,000

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