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2022 Supreme(Online)(Kar) 33900

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SHRI RATHNAKAR HEGDE – Appellant
Versus
SHRI SEENAPPA – Respondent


This appeal is filed by the appellant 3 plaintiff

challenging the judgment and decree passed in O.S. No.

898/2006 dated 30.11.2009 by the Civil Judge (Senior

Division and JMFC), Devanahalli whereby the suit of the

3

plaintiff for the relief of specific performance came to be

dismissed.

The parties will be referred to as per their rankings

before the trial Court for the sake of brevity. The appellant 3

plaintiff and respondent Nos. 1 to 3 were defendant Nos. 1

to 3.

The case of the appellant 3 plaintiff before the trial

Court was that the defendant Nos. 1 to 3 have entered into an

agreement of sale dated 22.12.2003 with him and agreed to

sell

the

suit

schedule

properties

for

valuable

sale

consideration of Rs.24,75,000/- and received a sum of

Rs.7,00,000/- as advance. They have agreed to execute

registered sale deed immediately after getting permission from

the competent authority and after receiving the balance sale

consideration of Rs.17,75,000/-. The suit schedule property

was granted to the defendants through darakastu vide

Tahsildar order bearing No. LND.SR.1/115/78-79 dated

4

04.11.1982 in favour of defendant No. 1. Later, under

Panchayat palu patti the defendants have d

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