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2023 Supreme(Kar) 1140

ASHOK S. KINAGI
M. Nanjunda Reddy – Appellant
Versus
Malathi – Respondent


Advocates appeared:
M.S.Varadarajan, Advocate

JUDGMENT

1. This second appeal is filed by the appellant challenging the judgment and decree dtd. 4/9/2014 passed by the III Addl. District and Sessions Judge, Bengaluru Rural District, sitting at Anekal, in R.A.No.20/2006 dismissing the appeal by confirming the judgment and decree dtd. 1/4/2003, passed by the Principal Civil Judge (Jn.Dn.) and JMFC, Anekal in O.S.No.192/1996.

2. Parties are referred to as per their ranking before the trial Court. The appellant is the plaintiff and respondents No.1 and 2 are defendants No.1 and 2.

3. Brief facts leading rise to filing of this appeal are as under:

    Plaintiff filed a suit for specific performance of contract. It is the case of the plaintiff that defendant No.1 is the wife and defendant No.2 is the minor son of Late Gopalakrishna. The said Gopalakrishna was the absolute owner of the suit schedule property. He offered to sell the suit schedule property bearing Sy.No.30 measuring 3 guntas and plaintiff accepted the said offer. He entered into an agreement of sale in favour of the plaintiff on 2/2/1984 for a sale consideration of Rs.2, 130.00. He also received the entire sale consideration and put the plaintiff in possession of the suit sc

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