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C. M. POONACHA
Husenbi W/O Gafarsab Badagi – Appellant
Versus
Shaiklabi W/O Noorahammed Badagi – Respondent
JUDGMENT :
The present second appeal is filed by the defendant under Section 100 of Code of Civil Procedure, 1908[Hereinafter referred to as ‘CPC’] challenging the judgment and decree dated 06.11.2007 passed in RA.No.62/2003 by the Additional Civil Judge (Sr.Dn.), Ranebennur[Hereinafter referred to as the ‘first appellate Court’] and the judgment and decree dated 05.07.2003 passed in O.S No.33/1995 by the Additional Civil Judge (Jr.Dn.) & II Additional JMFC, Ranebennur[Hereinafter referred to as the ‘Trial Court’].
2. The parties will be referred to as per their ranking before the Trial Court, for the sake of convenience.
3. The relevant facts necessary for consideration of the present appeal are that one Gafarsab Badagi was admittedly the owner of the property measuring 3 acres 3 guntas of land in survey No.21/2, situated in Konanatambagi village, Ranebennur taluk, Haveri District[Hereinafter referred to as the ‘suit property’]. The wife of the said Gafarsab Badagi, filed a suit in O.S No.97/94, seeking for a declaration, that consequent to the death of her husband, she is the absolute owner of the suit property and to restrain the defendants from interfering with her possession of t
A decree not appealed against attains finality and operates as res judicata, preventing alteration by subsequent appeals.
Ex-parte decree for specific performance of unregistered release agreement does not create title in immovable property unless executed and registered; time-barred execution leaves co-owners' partitio....
A single appeal can challenge both the decree of a suit and a counter-claim without requiring separate appeals if filed correctly with appropriate court fees.
The grant of specific performance is discretionary, considering undue hardship to subsequent bona fide purchasers, outweighing the plaintiff's claim based on a disputed agreement.
The court upheld that a partition among co-owners allows individual members to execute sale agreements for their shares without needing consent from others, reinforcing the enforceability of prior co....
A co-owner may execute a sale agreement for their share in a joint property, but cannot bind other co-owners not part of the agreement, making it enforceable only to the extent of the signing co-owne....
The plaintiff must prove the execution of the contract and her readiness to perform to be entitled to specific performance under the Specific Relief Act, and the mere registration of a document does ....
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