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2025 Supreme(Kar) 1973

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
N. Nagaraj S/o Late Shri Narayanappa – Appellant
Versus
P. Channappa Since Dead Rep. By His Legal Representatives Smt. Saraswatamma – Respondent


Advocates Appeared:
For the Appellants : Nandini B., Somashekara K.M., Bhargav G.
For the Respondents: Y. Venkatesh, Gowthamdev C. Ullal

JUDGMENT :

ASHOK S. KINAGI, J.

1. This RSA is filed by the appellant challenging the judgment and decree dated 18.03.2015 passed in R.A. No.29 of 2014 by the III Additional District and Sessions Judge, Bangalore and the judgment and decree dated 22.10.2013 passed in O.S. No.287 of 2013 by the II Additional Senior Civil Judge, Bengaluru District, Bengaluru.

2. For convenience, the parties are referred to, based on their ranking before the Trial Court. The appellant was the plaintiff and the respondents were the defendants.

3. Brief facts of the case leading rise to the filing of this appeal are follows.

4. The plaintiff filed a suit against the defendants for specific performance of a contract. It is the case of the plaintiff that defendant No.1 is the absolute owner of the suit schedule property and he agreed to sell the suit schedule property for a valid consideration and accordingly executed a sale agreement on 18.06.2001 and it was agreed that the sale was to be concluded within 4 months from the date of execution of the sale agreement and the plaintiff paid Rs. 51,000/- to defendant No.1 out of sale consideration of Rs. 1,92,700/-. Defendant No.1 after receiving the earnest money ex

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