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2023 Supreme(Online)(Kar) 33072

KARNATAKA HIGH COURT
LIC HOUSING FINANCE LTD. – Appellant
Versus
KIRAN. R – Respondent


ORDER

1. Heard Sri. S.J.Puranik, learned counsel for the petitioner and Smt. Annu Bharadwaj for Sri.B.Vachan for respondents 1 and 2. The petitioner is the judgment debtor no.2 in Execution Case No.3654/2019 on the file of Addl. City Civil Court, Bengaluru. The respondents brought a suit O.S.No.4822/2014 before the City Civil Court seeking the relief of declaration that the sale deed dated 17.09.2012 executed in favour of first defendant is not binding on them, that the mortgage, charge or encumbrance, if any created by first defendant in favour of second defendant or any 3rd party is not binding on them, that the plaintiffs are the successors of late Sri. C.Ravi for a direction to second defendant to release all the property documents pertaining to the schedule property to them.

2. The suit was decreed declaring that the plaintiffs are the absolute owners of the suit property and the sale deed dated 17.9.2012 executed in favour of first defendant in respect of suit property a sham document and not binding on the plaintiffs and also the charge or encumbrance created by first defendant in respect of suit property in favour of second defendant is also not binding on the plaintiffs. In

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