PRINCIPAL BENCH AT BENGALURU
SRI. K. P. KRISHNAPPA – Appellant
Versus
SRI. D. A. GOVINDARAJULU – Respondent
This matter is listed for admission and I have heard the
learned counsel for the appellant.
This appeal is filed by the appellant i.e., subsequent
purchaser of the property, that too, when the suit was pending
before the Trial Court for the relief of specific performance
which was filed by the respondents/plaintiffs based on the sale
agreement and also when there was an order of injunction, not
to alienate the property.
The very contention of the learned counsel for the
appellant is that he is the bonafide purchaser of the property
and the fact that suit was pending and there was an interim
order not to alienate the property is not in dispute. Both the
Courts have taken note of the execution of the document of
sale agreement dated 27.02.2011, wherein an earnest money
of Rs.1,00,000/- was paid in favour of the original owner, out
of sale consideration of Rs.6,25,000/- and within a span of
eight months, the appellant-defendant No.3 has purchased the
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property from the defendant No.1 on 16.02.2012 and the Trial
Court comes to the conclusion that the suit is hit by lis pendens
and when the material discloses that there was already a sale,
the defendant No.1, who had executed
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