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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
M. Yashodamma W/o Shri K. Annaji – Appellant
Versus
N.M. Ananda S/o Shri T.N. Mandanna – Respondent
| Table of Content |
|---|
| 1. challenge to earlier judgment and decree. (Para 1 , 2 , 3 , 5) |
| 2. formulation of substantial questions of law. (Para 6) |
| 3. counsel arguments regarding sale agreement. (Para 8 , 9 , 10 , 11) |
| 4. court analysis on validity of agreements. (Para 12 , 13 , 14) |
| 5. outcome of the appeals and order issued. (Para 15) |
JUDGMENT :
E.S. INDIRESH, J.
1. RSA No.1118 of 2015 is filed by Judgment Debtor No.4, (for short 'JDR') challenging the judgment and decree dated 18.04.2015 passed in RA.No.36 of 2014 on the file of the I Additional District Judge, Kodagu, at Madikeri, dismissing the appeal and confirming the order dated 29.11.2014 passed in Ex.No.63 of 2007 on the file of the Senior Civil Judge at Madikeri, dismissing IA No.IX filed by the objectors.
2. RSA No. 1136 of 2015 is filed by Objectors, challenging the judgment and decree dated 18.04.2015 passed in RA.No.36 of 2014 on the file of the I Additional District Judge, Kodagu, at Madikeri, dismissing the appeal and confirming the order dated 29.11.2014 passed in Ex.No.63 of 2007 on the file of the Senior Civil Judge at Madikeri, dismissing IA No.IX filed by the objectors.
3. RSA No.1499 of 2015 is filed by Decree Holder/Assignee, c
Agreements made during a non-alienation period under land reforms legislation are void and cannot be enforced, leading to a declaration of prior judgments as null.
The court reaffirmed that prior sales of property before the 2005 amendment to the Hindu Succession Act are protected and binding, setting aside the trial court’s decree granting shares to plaintiffs....
Agreement of sale post-partition binds only signatories' shares; lacks Karta recital or legal necessity, does not bind non-signatory coparceners' independent shares.
Agreements executed in violation of statutory prohibitions, particularly in land transactions, are void and unenforceable, reflecting principles of law against illegal agreements.
The court ruled that a specific performance claim requires the existence of valid foundational documents, particularly when minors are involved in property transactions, necessitating a retrial to pr....
Specific performance of a sale agreement executed during a non-alienation clause period is valid if the agreement stipulates fulfillment after the clause's expiration, emphasizing the need for equita....
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