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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