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2023 Supreme(Kar) 397

B. VEERAPPA, K. S. HEMALEKHA
Nanjappa, s/o Late Boraiah – Appellant
Versus
State of Karnataka, Represented By Its Secretary, Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Aditya Sondhi, Senior Counsel A/W Sri Mahantesh Shettar, Advocate
For the Respondent:Sri Kiran Kumar, HCGP, Sri R.S. Ravi, Senior Counsel A/W Sri K. Vijaya Kumar, Advocate

JUDGMENT :

B.Veerappa, J.

The present Intra Court Appeal is filed by the appellant against the impugned order, dated 26.2.2019, passed in Writ Petition No.52010/2016 by the learned Single Judge of this Court allowing the writ petition filed by one Sri M.B. Nagaraju/respondent No.3 herein and quashing the order, dated 20.8.2016, passed by the Assistant Commissioner with an observation that the appellant herein shall be at liberty to take recourse to such remedy as may be available to him under the law.

2. It is the case of the 3rd respondent, who is the petitioner before the learned Single Judge that he had purchased a property bearing Municipal Assessment No.3327/3081 measuring East to West 30 feet and North to South 50 feet situated at K.R.S. Agrahara, Ward No.22, Kunigal Town under a registered Sale Deed, dated 1.12.2006, in the name of the appellant/Nanjappa with a condition that the same has to be re-conveyed in his name (3rd respondent) and the entire sale consideration was paid by the 3rd respondent. Thereafter, the appellant/Nanjappa herein executed a registered Gift Deed, dated 23.2.2011, in favour of the 3rd respondent/M.B. Nagaraju in respect of the said property clearly men

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