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K.S.MUDAGAL
C. Padmavathi dead by LR’s Radha C. – Appellant
Versus
R. Punyavathi – Respondent
K.S. Mudagal, J.—This appeal of legal representatives of third defendant arises out of the judgment and decree dated 25.11.2010 passed by the First Additional District Judge, Mysore in R.A.No.114/2010.
2. By the impugned judgment, the First Appellate Court has allowed the appeal and modified the judgment and decree of the trial Court dated 09.02.2010 passed in O.S.No.49/2002 by the Presiding Officer, Small Causes Court and Civil Judge (Senior Division), Mysore.
3. The first respondent is the plaintiff, second respondent is the first defendant before the trial Court. Defendant No.2 was the City Co-operative Bank Limited who is not impleaded either in the first appeal or in this case. Defendant No.3- C.Padmavathi is the mother of present appellants. For the purpose of convenience, the parties will be referred to hereafter with their ranks before the trial Court.
4. The subject matter of litigation is the house property bearing No.981, CH-6/1 situated at Geetha Road, Chamaraja Mohalla, Mysore
5. The plaintiff filed O.S.No.49/2002 initially against defendants No.1 and 2 alone for specific performance of agreement of sale. Her case in brief is as follows:—
Defendant No.1 execu
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