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KARNATAKA HIGH COURT
MR. SACHIN SHANKAR MAGADUM, MR. G BASAVARAJA, JJ
SHRI. VINEET S/O. VASANTRAO JOSHI – Appellant
Versus
MR.TAUFIQ AHMED S/O. RAFIQ AHMED INAMDAR – Respondent
| Table of Content |
|---|
| 1. consolidation of appeals. (Para 1 , 2) |
| 2. allegations of fraud in contract non-compliance. (Para 3 , 12) |
| 3. claims on failure to fulfill contractual obligations. (Para 4 , 5 , 10) |
| 4. court's refusal to summarily dismiss the claim. (Para 6 , 14 , 16) |
| 5. rationale for rejection of plaint. (Para 7 , 8 , 11) |
| 6. conclusion on appeal outcomes. (Para 15 , 18) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM)
These two appeals are taken up together as both the appeals arise out of the order passed in O.S.No.226/2012.
2. For the sake of convenience, rank of parties is referred to as per their rank before the trial Court.
3. Facts leading to the case are as under:
These two appeals are by the plaintiff. Plaintiff has filed a suit seeking a declaration that registered sale deed dated 21.02.2012 executed by plaintiff in favour of defendants No.1 and 2 pertaining to the suit schedule property by declaring it as null and void. Consequently, injunction is also sought. In the suit, though plaintiff has admitted the sale transaction, he is primarily aggrieved by non-payment of the sale consideration, plaintiff has alleged in the plaint that the defendants No.1 and 2 had ob
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