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KARNATAKA HIGH COURT
G BASAVARAJA, J
D. BALAKULLAYAPPA S/O. LATE D. KULLAYAPPA, SMT. AMEENA W/O. HONNUR SAB – Appellant
Versus
SMT. M. PRABHAVANTHI W/O. M. MANJUNATHA, D. RAJU @ D. RAJA SAB – Respondent
| Table of Content |
|---|
| 1. appellants claim independent rights in execution. (Para 1 , 3) |
| 2. court's observations on merit and jurisdiction. (Para 2) |
| 3. arguments made about third-party claims. (Para 4) |
| 4. court confirms law applied by lower courts. (Para 5) |
(PER: THE HON'BLE MR. JUSTICE G BASAVARAJA)
Appellants have preferred this appeal against the order dated 30th September 2020 passed in Execution Petition No.88 of 2012 by the Additional Senior Civil Judge & JMFC, Hospete (for short hereinafter referred to as “the trial Court”) on Applications IA.11 and 12 filed by third party claimants under Order XXI Rules 58, 97, 99 and 101, read with Section 151 of Code of Civil Procedure , which is confirmed by the III Additional District & Sessions Judge, Ballari (sitting at Hosapete) (for short hereinafter referred to as “the appellate Court”) vide judgment dated 01st December 2023, in Execution Appeal No.5001 of 2020.
2. For the sake of convenience, the parties herein are referred to as per the status and rank before the trial Court.
3. Brief facts leading to appeal are that the Respondent No.2-decree holder filed suit OS No.21 of 2013 seeking relief of specific performance of contract against the res
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