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2025 Supreme(Online)(KAR) 9475

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
KRISHNA S DIXIT, G. BASAVARAJA, JJ.
M/s Sun Rama Exports Private Limited – Appellant
Versus
Smt. Shantha Srinivas, W/o Sri. D. Srinivasa Murthy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :(BY SRI.S S NAGANAND., SENIOR COUNSEL A/W SRI.VIJAYKUMAR DESAI., ADVOCATE)
For the Respondent:(BY SRI.JAYAKUMAR S PATIL., SENIOR COUNSEL A/W SRI.H N BASAVARAJU., ADVOCATE FOR R1; SRI.M R RAJAGOPAL., SENIOR COUNSEL A/W SRI.B M SHIVAJI., ADVOCATE FOR R2)

ORDER

[i] Appeal in R.F.A.No.178/2015 is allowed and the impugned judgment & decree of court below are set at naught; appellant’s suit in O.S.No.271/2009 is hereby decreed for Specific Performance of the contract for sale of suit land, with costs. The 2nd defendant is directed to execute & register the sale deed(s) in favour of appellant- Plaintiff affecting the suit land, within eight weeks, usual terms & conditions applying thereto.

[ii] The amount deposited in the court below by the plaintiff shall be paid to the 2nd defendant on his executing & registering the sale deed(s) as directed above. However, if he fails to do it, the court below shall execute & register or cause that to be done by taking all requisite steps therefor within three months.

[iii] R.F.A.Cross-Objection No.19/2015 filed by the 1st defendant is dismissed with a cost of Rs.1,00,000/- (Rupees One Lakh) only, which she shall remit to the plaintiff within eight weeks, failing which she shall be liable to pay Rs.500/- per day of delay for the first month and Rs.1,000/- per day for the period next following.

[iv] It is open to 2nd defendant-buyer pendente lite to institute appropriate proceedings against the 1st defend

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