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2025 Supreme(Online)(KAR) 1249

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.SOMASHEKAR, VENKATESH NAIK T, JJ
N. V. Venkataraju S/o. Late Venkategowda – Appellant
Versus
S. Nagaraju S/o. Late S. V. Shivarudrappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI S. KRISHNA, ADVOCATE, FOR SMT. SUMANA NAGANAND
For the Respondent:SRI NAGENDRA NAIK R., ADVOCATE

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE VENKATESH NAIK T)

This appeal is filed by defendant No.5 challenging the judgment and decree dated 27-4-2013 passed by the learned Senior Civil Judge and C.J.M., Chamarajanagara, ('trial Court', for brevity) in Original Suit No.123 of 2007.

2. For the purpose of convenience, the parties are referred to as per their rankings before the trial Court. The appellant is defendant No.5 and the respondents are plaintiff, defendant Nos.1 to 4 and 6 to 12.

3. Brief facts leading rise to filing of this appeal are as under:

Defendant No.1 was the General Power of Attorney holder of Smt. Sharada Nagarajan (Defendant No.8) and her children, who were the absolute owners of the suit schedule property. Defendant No.1 executed the Agreement of Sale dated 22-6-2001 for sale of the suit schedule property to the plaintiff for a sale consideration of Rs.24,30,123/-. On the same day, the plaintiff paid a sum of Rs.9,30,123/- towards advance sale consideration and agreed to receive remaining balance sale consideration of Rs.15,00,000/- at the time of execution of registered Sale Deed. In this regard, the plaintiff requested and made demand to defendant No.1 to execute Sal

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