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THE HIGH COURT OF KARNATAKA
Sachin Shankar Magadum, J
B.K. Prema, B.K. Jyothi, B.K. Keshav Kiran – Appellant
Versus
N. Shivanand – Respondent
| Table of Content |
|---|
| 1. facts of the case establishing a suit for specific performance (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by both sides regarding the sale agreement and actions of defendant no.2 (Para 6 , 7 , 8) |
| 3. court's examination of evidence regarding the contract and defendant no.2's status as a purchaser (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. court's conclusions on the doctrine of lis pendens and awarding specific performance (Para 26 , 27 , 28) |
| 5. final order and dismissal of appeal (Para 29) |
ORAL JUDGMENT
The captioned appeal is by defendant No.2 directed against the judgment and decree rendered in O.S.No.4672/1998, whereby learned Judge has decreed the suit granting specific performance of contract and defendant No.1 was directed to execute registered sale deed in terms of agreement of sale vide Ex.P-1 within two months. Defendant No.2 who claims to be a purchaser is assailing the judgment and decree rendered by the trial Court.
2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.
3. Facts leading to the case are as under:
The suit schedule property is a residential house bearing
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