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2023 Supreme(Online)(KAR) 12136

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

- 4 -

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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