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KARNATAKA HIGH COURT
MR ASHOK S.KINAGI, J
SMT MAMATHA W/O LATE M.S. NAGEGOWDA – Appellant
Versus
CHANDRE GOWDA – Respondent
| Table of Content |
|---|
| 1. factual background of the specific performance dispute. (Para 3) |
| 2. arguments presented by both parties regarding the sale agreement. (Para 5 , 6) |
| 3. court's evaluation of evidence supporting plaintiff's claims. (Para 9 , 10 , 12 , 15) |
| 4. judicial discretion regarding specific performance discussed. (Para 18) |
| 5. conclusion stressing dismissal of the appeal. (Para 22) |
ORAL JUDGMENT
This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 16.12.2015, passed in R.A.No.462/2012 by the VII Additional District Judge, Mysuru and the judgment and decree dated 20.10.2012 passed in O.S.No.325/2005 by the learned III Additional Senior Civil Judge, Mysuru.
2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellant was defendant No.5, respondent No.1 was the plaintiff, and other respondents were other defendants.
3. Brief facts leading rise to the filing of this appeal are as follows:
The plaintiff filed a suit against the defendants for the relief of the specific performance of a contract. It is the case of the plaintiff that defendants Nos.1 to 4 are the absolute owners of the suit schedule pro
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