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THE HIGH COURT OF KARNATAKA
MRS. K.S. HEMALEKHA, J
HABIB KHAN – Appellant
Versus
MOHAMMAD PEER – Respondent
| Table of Content |
|---|
| 1. validity of the agreement and readiness to perform (Para 2 , 3) |
| 2. lack of evidence for execution and readiness (Para 4) |
| 3. arguments for and against specific performance (Para 6 , 7) |
| 4. consideration of prior suits and limitations (Para 8 , 9) |
| 5. order ii rule 2 cpc implications (Para 10 , 11) |
| 6. conclusion on limitation and res judicata (Para 14 , 15 , 16 , 18) |
| 7. dismissal of the appeal and confirmation of the trial court's decision (Para 19) |
ORAL JUDGMENT
The present Regular First Appeal preferred by the plaintiff is directed against the judgment and decree dated 01.10.2024 passed in OS No. 177 of 2019 on the file of the Principal Senior Civil Judge and CJM, Shivamogga, whereby the suit filed by the plaintiff for specific performance of contract came to be dismissed.
Plaint averments
2. The plaintiff contends that the defendants are the owners in possession of the suit schedule property and they offered to sell the same to him. After negotiations, the parties agreed for a sale consideration of Rs.14,62,500/-. On 09.04.2014, the defendants executed a registered agreement of sale in his favour by receiving an advance of Rs.8,00,000/- agreeing to execute a regular sale de
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