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2022 Supreme(Online)(Kar) 58307

HIGH COURT OF KARNATAKA
BASAVARAJAPPA S/O ALIAS B.P.HIREMATHA – Appellant
Versus
SMT GORAMMA – Respondent


The petitioners are before this Court seeking for the

following reliefs:

a.

Quash the order dated 06.11.2015 at Annexure-G

passed in Civil Misc. No.9/2013 passed by the

Civil

Judge

and

JMFC,

Siruguppa

and

consequently allow Civil Misc.No.9/2013.

b.

Quash the order dated:16.04.2016 at Annexure-H

passed in Misc. Appeal No.53/2015 by the Senior

Civil Judge, Sirguppa.

O.S.No.132/2009 has been filed seeking for the

specific performance of an agreement of sale. In the

said suit, on notice being ordered, defendant No.1

has entered his appearance but did not file his

written statement.

- 4 -

As regards defendant Nos.2 and 3, the registered

post dispatched to the address mentioned in the

cause title were returned with an endorsement

‘refused’. As such, defendant Nos.2 and 3 were

placed exparte and the suit came to be decreed

directing the defendants to execute a registered sale

deed as per the terms of the agreement dated

05.03.1990.

4.

Subsequent thereto, Misc.No.9/2013 had been filed

under Order IX Rule 13 read with Section 151 of

Code of Civil Procedure for setting aside the exparte

decree dated 15.03.2011 passed in O.S.No.132/2009

contending that the petitioners therein came to

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