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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SACHIN SHANKAR MAGADUM
Saraswati Jinnappa Khot, Since Deceased By Her Lr’s- Revati Jinappa Khot, (After Marriage Revati Rayagouda Patil) – Appellant
Versus
Kumar Shripal Khot – Respondent
ORDER :
SACHIN SHANKAR MAGADUM, J.
The captioned petition is filed by the judgment debtors assailing the impugned order dated 17.07.2018 passed by the Executing Court in E.P.No.89/2017 on an application filed in I.A.No.3.
2. The facts leading to the case are as under:
Respondent filed a suit seeking relief of specific performance based on an agreement dated 25.04.1991 executed by the father of petitioners namely Jinappa Jayapal Khod. The said suit was contested by father of petitioners. The Court decreed the suit filed in O.S.No.30/1995 by holding that present respondent/decree holder has succeeded in proving the agreement. Consequently, the suit of the plaintiff was decreed vide judgment and decree dated 11.07.2002. The father of the present petitioners herein was directed to execute registered sale deed in favour of respondent/decree holder by receiving balance sale consideration of Rs.40,000/-. Based on the decree rendered by the Court in O.S.No.30/1995, respondent/decree holder filed an execution petition on 31.03.2017. The present petitioners who are the judgment debtors before the Executing Court have filed an application in I.A.No.3 under Section 115 of CPC requesting the Execut
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