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2024 Supreme(Online)(KAR) 1229

HIGH COURT OF KARNATAKA
SRI KRISHNOJIN RAO – Appellant
Versus
SRI VENKOBAI – Respondent


JUDGMENT

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

"i) Set aside the judgment and decree dated 06.02.2015 passed in RA No.29/2009 in RSA No.437/2015 and RA No.20/2009 in RSA No.436/2015 on the file of Senior Civil Judge at Gubbi, reversing the judgment and decree dated 22.01.2009 passed in O.S.No.98/2004 on the file of Additional Civil Judge (Jr.Dn.), Gubbi.

ii) Grant such other relief/s as deemed fit in the circumstances of the case including the cost of this appeal in the interest of justice."

2. The appellant had filed a suit in O.S.No.98/2004 seeking for specific performance of an agreement dated 20.11.1984 before the Additional Civil Judge (Jr.Dn.), Gubbi. The said suit was partly decreed in terms of grant of order of injunction, but the relief for specific performance was rejected. Challenging the order of injunction, the respondent - vendor had filed RA.No.20/2009 which came to be allowed. It is challenging the said judgment that the RSA.No.436/2015 has been filed.

3. The factual matrix of the matter is that the plaintiff claimed that he had entered into an agreement dated 20.11.1984 for purchase of certain lands owned by the respondents as regards

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