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2025 Supreme(Kar) 1058

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.R.KRISHNA KUMAR, C.M.POONACHA
Anupkumar S/o Shankarappa Bijwad – Appellant
Versus
Shameena Shaheen W/o Hameed Koppad – Respondent


Advocates Appeared:
For the Appellant : B.S. Kamate
For the Respondents: M.R. Mulla, Vishwanath S. Bichagatti, Parashuram C. Sajjanar, R.H. Angadi, V.K. Patil

JUDGMENT :

S.R. KRISHNA KUMAR, J.

1. This appeal is by the defendant No.2 directed against the impugned judgment and decree dated 02.01.2023 passed by the Principal Senior Civil Judge, Hubballi in OS No.203/2017 whereby the said suit by the respondent No.1-plaintiff against the appellant-defendant No.2 and respondent No.2-defendant No.1 for specific performance and other reliefs in relation to the suit schedule immovable property was decreed in favour of the respondent No.1-plaitniff against the respondent No.2-defenant No.1 and appellant-defendant No.2 by the trial Court.

2. In the present appeal, the appellant-defendant No.2 prays for the following reliefs:

“For the reasons stated above it is humbly prayed that after calling for the records and proceeds of the case this Hon’ble Court be pleased to set aside the impugned Judgment and Decree dated 02.01.2023 passed by Principal Senior Civil Judge, Hubballi in O.S.No.203/2017 and to dismiss the suit O.S.No.203/2017 by allowing this R.F.A. with costs in the interest of justice.”

3. For the purpose of convenience parties will be referred as per their respective ranks before the trial Court.

4. Briefly facts giving raise to the present appea

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