JUDGMENT

1. The appellant who was the defendant in OS.No.250/2003 and respondent in RA.No.20/2012 is before this Court challenging the divergent judgment of the First Appellate Court seeking for the following reliefs:

"WHEREFORE, the Appellant above named humbly prays that this Hon'ble Court may kindly be pleased to:

(a) Call for records.

(b) Set aside the Judgment and Decree passed in R.A.No.20/2012 dated 15.04.2014, passed by the Additional Senior Civil Judge and J.M.F.C at K.G.F, which reverses the Judgment and Decree dated 13.04.2012 passed by the Civil Judge Junior division at K.G.F in O.S.No.250/2003 and consequently dismiss the suit O.S.No.250/2003.

(c) Pass such relief as deem fit by this Hon'ble Court, in the interest of justice and equity."

2. The suit in OS.No.250/2003 was filed by the deceased respondent No.1 for specific performance of an agreement dated 14.08.1988 contending that it is only after the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act 1966, (for short 'Fragmentation Act') was repealed, that the plaintiff had issued a notice, calling upon the defendant to execute a sale deed, the defendant not having executed the sale within the time fram