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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S. HEMALEKHA, J
SRI M.V. GANESHA PRASAD – Appellant
Versus
SRI M.L. VASUDEVA MURTHY – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim for preemption. (Para 1 , 2) |
| 2. defendants' arguments on ownership and rights. (Para 3 , 7 , 8) |
| 3. trial court's findings on plaintiff's actions. (Para 4 , 10) |
| 4. nature of preemption rights. (Para 9 , 19) |
| 5. court's rejection of plaintiff's claims. (Para 20 , 22) |
| 6. final dismissal of the appeal. (Para 23) |
(PER: HON'BLE MRS JUSTICE K.S. HEMALEKHA)
The plaintiff has filed this present first appeal assailing the judgment dated 04.07.2012 in OS NO.176/1997 on the file of the Addl. Sr. Civil Judge, Chikmagalur, (hereinafter referred to as the “Trial Court” for short).
2. The plaintiff instituted the suit seeking enforcement of the right of preemption by placing reliance on clause No.18 of the registered partial partition deed (hereinafter referred to as ‘deed’, for short) dated 28.03.1975 and a direction to the defendants No.1 to 3 to sell the suit schedule property (‘schedule property’ for short) to him after settling the actual market value at which the said property is to be sold. The schedule property was allotted to defendant No.1 under the deed dated 28.03.1975. On 20.12.1995, defendant No.1 issued a notice expressing his intention to sell the schedu
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