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2024 Supreme(Online)(KAR) 29322

HIGH COURT OF KARNATAKA
MR JUSTICE SURAJ GOVINDARAJ, J
SRI ANJANAPPA – Appellant
Versus
SRI NARAYANACHAR – Respondent


Petitioner Advocates:GURUDEV PRASAD K T ,Respondent Advocate: K VIJAYA KUMAR FOR C/R1

CAV JUDGMENT

1. The Appellant is before this Court seeking for the following reliefs:

“Call for the records and set aside the judgment and decree passed in R.A.No.169/2009 dated 15.09.2015 on the file of the VII Addl. District and Sessions Judge, Bangalore Rural District, Bangalore and the judgment and decree passed in O.S.No.294/1998 dated 20.8.2009 on the file of the I Addl. Civil Judge (Sr. Dv) Bangalore Rural District, Bangalore with Court cost and grant such other relief or reliefs as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice.”

2. The Appellant-Plaintiff is on second appeal. The Appellant had filed a suit in O.S. No.294/1998 seeking for specific performance of an Agreement of Sale and a consequential injunction restraining the Defendants or their agents from interfering with the peaceful possession and enjoyment of the suit schedule property, as also restraining the Defendants from alienating the suit schedule property. The Trial Court vide its Judgement dated 20.08.2009 dismissed the said suit. Challenging the same, the Appellant/Plaintiff had filed Regular Appeal No. 169/2009 which also came to be dismissed vide Judgment dated 15.0

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