IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO. 178 OF 2007 (SP)

BETWEEN:

1. SRI B K NAGARAJ, S/O LATE DODDAKANUMAPPA, DIED REP BY HIS LRS, a) YESHODAMMA, W/O LATE B.K. NAGARAJA, AGED ABOUT 53 YEARS, b) SHESHIDHARA, S/O LATE B K NAGARAJA AGED ABOUT 29 YEARS, BOTH HAVE ADDRESS AT R/AT ANJUMAN ROAD, HORAPETE , HOUSE NO.10, BEHIND ANGADO, CHITRADURGA.

Digit ally …APPELLANTS signed by C (BY SRI VISHNU HEGDE, ADVOCATE)

HONNUR SAB AND:

Location:

HIGH COURT

1. J P NAGARAJ, OF SINCE DEAD BY HIS LRS KARNATAKA

1(a) SMT JAYAMMA, AGED ABOUT 63 YEARS, W/O LATE J.P NAGARAJ, 1(b) SURESH BABU J N, AGED ABOUT 49 YEARS, S/O LATE J.P NAGARAJ, 1(c) RAMESH S N, AGED ABOUT 47 YEARS, S/O LATE J.P NAGARAJ, 1(d) PRAKASH J.N, AGED ABOUT 45 YEARS, S/O LATE J.P NAGARAJ, 2. B K GANGADHARAPPA, S/O LATE DODDA KANUMAPPA SINCE DEAD BY HIS LRS

2(a) B V GANGAMMA, W/O B K GANGADHARAPPA, AGED ABOUT 69 YEARS, POST OFFICE ROAD, THYAGARAJANAGAR, CHALLAKERE TALUK, CHITRADURGA DISTRICT.

2(b) B.V LAKSHMI, W/O G V PUTTASWAMY, AGED ABOUT 52 YEARS, BANNIMANTAPA SANTHE BEEDHI, HIRIYUR TALUK, CHITRADURGA DISTRICT.

2(c) G YESHWANTH KUMAR, S/O B K GANGADHARAPPA, AGED ABOUT 49 YEARS, POST OFFICE ROAD, THYAGARAJANAGAR, CHALLAKERE TALUK, CHITRADURGA DISTRICT.

2(d) G LAKSHMAN KUMAR, S/O B K GANGADHARAPPA, AGED ABOUT 47 YEARS, POST OFFICE ROAD, THYAGARAJANAGAR, CHALLAKERE TALUK, CHITRADURGA DISTRICT.

2(e) G SAVITRI, W/O V ANAND, AGED ABOUT 45 YEARS, BELEGARA STREET, BEHIND BAPUJI SCHOOL, PAVAGADA, PAVAGADA TALUK, TUMKUR DISTRICT.

2(f) G LALITHAMMA, W/O ADINARAYANA CHETTI KONDAIAH, AGED ABOUT 43 YEARS, PATHAPURA, ANANTHAPURA DISTRICT, ANDHRA PRADESH.

2(g) G VENKATESH, S/O B K GANGADHARAPPA, AGED ABOUT 41 YEARS, POST OFFICE ROAD, THYAGARAJANAGAR, CHALLAKERE TALUK, CHITRADURGA DISTRICT.

2(h) G VIJAYA LAKSHMI, W/O ANGADI BHARATHESH, AGED ABOUT 37 YEARS, HIRE HADAGALI, HOOVINAHADAGALI TALUK, BELLARY DISTRICT.

3. SANNA JAYAMMA J, W/O GOVINDAPPA D/O LAE DODDA KANUMAPPA AGED ABOUT 65 YEARS, R/AT POONA TAILOR, CHALLAKERE TOWN.

4. LAKSHMIDEVI, W/O LACHANNA, D/O LATE DODDA KANUMAPPA, AGED ABOUT 62 YEARS, R/AT INDUSKATTE VILLAGE, HIRIYUR TALUK, CHITRADURGA DISTRICT.

5. PADMAKKA, W/O NARASIMHAIAH, D/O LATE DODDA KANUMAPPA, AGED ABOUT 58 YEARS, 6. SHARADAMMA, W/O NARASIMHAPPA, AGED ABOUT 57 YEARS, TADDY SALES MEN, VALMIKINAGAR, CHANNAGIRI.

7. RATHNAMMA, W/O NARAYANA SWAMY, D/O LATE DODDA KANUMAPPA, AGED ABOUT 53 YEARS, HORAPETE, KUMKUM TRADERS, R/AT KALYANA DURGA, ANANTHAPURA DISTRICT, ANDRAPRADESH.

8. GANGAMMA, SINCE DEAD BY HIS LRS

8(a) SMT VENKATAMMA, W/O VENKATESHELU, D/O LATE GANGAMMA, AGED ABOUT 49 YEARS, 8(b) SMT UMA DEVI, W/O SHANKRAPPA, AGED ABOUT 48 YEARS, 8(c) SMT ALLIVELAMMA, W/O SRINIVASALU, D/O LATE GANGAMMA, AGED ABOUT 47 YEARS, 8(d) SRI BALAJI, S/O LATE GANGAMMA, AGED ABOUT 46 YEARS, 8(e) SRI SUBRAMANIANM, S/O LATE GANGAMMA, AGED ABOUT 44 YEARS, 8(f) SRI LOKESH, S/O LATE GANGAMMA, AGED ABOUT 41 YEARS, …RESPONDENTS (BY SMT JAYASHREE NARASIMHAN, ADVOCATE FOR R1(A), SRI PRADEEP SOMAIAH B C, ADVOCATE FOR R2(A-H) & R3 TO R7, V/O/DT 09.01.2023, PARVATHI NAIR, FOR LR'S OF R1, R8(A), R8(B), R8(D) - SERVED, V/O/DT 15.04.2024 SERVICE OF NOTICE TO R8(E) - HELD SUFFICIENT R8(F) - HELD SUFFICIENT, V/O/DT 26.03.2024 - SERVICE OF NOTICE TO R8(C) H/S) THIS RSA IS FILED U/S 100 OF CPC AGAINST THE JUDGEMENT & DECREE DATED 2.12.2006 PASSED IN R.A.NO.5/2005 ON THE FILE OF THE CIVIL JUDGE (SR.DN.), CHALLAKERE, PARTLY ALLOWING THE APPEAL AND CONFIRMING THE JUDGEMENT AND DECREE DATED 30.11.2004 PASSED IN OS.NO. 1907/1994 ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN.), CHALLAKERE.

THIS APPEAL, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

ORAL JUDGMENT

This Second Appeal is arising from the concurrent decree for specific performance of the contract dated 04.06.1977. The plaintiff claims that Dodda Kanumappa agreed to sell the suit pro