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NC: 2026:KHC:13484

RSA No. 1819 of 2021

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

REGULAR SECOND APPEAL NO.1819 OF 2021 (SP)

BETWEEN:

1. SRI. K.S. GOWRISHANKAR

S/O. LATE SRI K.M. SIDDARAMAIAH,

AGED ABOUT 60 YEARS,

R/O. NO.33/2, PUSHPAGIRI NILAYA,

BHUVANESHWARINAGAR,

BANGALORE-560 057.

2. SRI. K. S. SAROJAMMA

D/O. LATE SRI. K.M. SIDDARAMAIAH,

AGED ABOUT 63 YEARS,

W/O. SRI. PALAKSHAIAH,

R/AT RENUKA NILAYA,

BEHIND DIVYA C.P.ED. COLLAGE,

MELUKOTE ROAD,

TUMKUR DISTRICT-572 105.

Digitally signed by 3. SMT. UMADEVI. K. S.

MAHALAKSHMI B M D/O. SRI. VISHVESHWARAIAH,

Location: HIGH AGED ABOUT 58 YEARS,

COURT OF

R/O. KODHALLI, GULUR HOBLI,

KARNATAKA

TUMKUR TALUK,

TUMKUR DISTRICT-572 118.

4. SMT. GIRIJAMMA K.S.

D/O. LATE SRI. K. M. SIDDARAMAIAH,

AGED ABOUT 55 YEARS,

R/AT NO.649, 1^ST MAIN,

6^TH ‘A’ CROSS, KEMPEGOWDA NAGARA,

T. DASARAHALLI,

BANGALORE-560 057.

5. SMT. NAGALAMBIKE

D/O. LATE SRI. K.M. SIDDARAMAIAH,

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RSA No. 1819 of 2021

HC-KAR

AGED ABOUT 53 YEARS,

R/AT BITTASANDRA,

SOLUR HOBLI, MAGADI TALUK,

RAMANAGARA DISTRICT-562 127.

6. SMT. MANJULA

W/O. LATE SRI. PRABHUDEVAN K.S.,

AGED ABOUT 40 YEARS,

R/O. KODHALLI,

GULUR HOBLI,

TUMKUR TALUK,

TUMKUR DISTRICT-572 118.

7. KUMARI DEEKSHA

D/O. LATE SRI. PRABHUDEVAN K.S.,

AGED ABOUT 11 YEARS,

R/O. KODHALLI, GULUR HOBLI,

TUMKUR TALUK,

TUMKUR DISTRICT-572 118.

8. MASTER SIDDARTHA

S/O. LATE SRI. PRABHUDEVAN K.S.,

AGED ABOUT 7 YEARS,

R/O. KODHALLI, GULUR HOBLI,

TUMKUR TALUK,

TUMKUR DISTRICT-572 118.

SINCE APPELLANT NOS.7 AND 8

ARE MINORS REPRESENTED BY THEIR

NATURAL GUARDIAN MOTHER i.e.

APPELLANT NO.6 SMT. MANJULA.

9. SMT. GAYATHRI K.S.

W/O. LATE SRI. K.M. SIDDARAMAIAH,

AGED ABOUT 48 YEARS,

R/AT NO.42, 1^ST MAIN,

6^TH A CROSS, KEMPEGOWDA NAGARA,

T. DASARAHALLI,

BANGALORE-560 057.

10. SRI. MALLIKARJUNA K.S.

S/O. LATE SRI. K.M. SIDDARAMAIAH,

AGED ABOUT 45 YEARS,

R/AT NO.33, 1^ST MAIN,

6^TH ‘A’ CROSS, KEMPEGOWDA NAGARA,

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NC: 2026:KHC:13484

RSA No. 1819 of 2021

HC-KAR

T. DASARAHALLI,

BANGALORE-560 057. …APPELLANTS

(BY SRI PRADEEP NAIK K., ADVOCATE)

AND:

1. SRI. NANJUNDAIAH

S/O. LATE SRI. NANJAPPA,

AGED ABOUT 63 YEARS,

2. SRI SHIVASWAMY

S/O. LATE SRI. NANJAPPA,

AGED ABOUT 56 YEARS,

3. SRI. SIDDALINGAIAH

S/O. LATE SRI. NANJAPPA,

AGED ABOUT 45 YEARS,

4. SRI PARAMESHWARAIAH @

PARAMASHIVAIAH,

S/O. LATE SRI. NANJAPPA,

AGED ABOUT 42 YEARS,

5. SMT. SIDDARAMAKKA

W/O. LATE SRI. NANJAPPA,

AGED ABOUT 82 YEARS,

RESPONDENT NOS.1 TO 5 ARE ALL

R/AT KODHALLI, GULUR HOBLI,

TUMKUR TALUK,

TUMKUR DISTRICT-562 006. …RESPONDENTS

THIS RSA IS FILED UNDER SECTION 100 R/W ORDER 42 RULE

2 OF CPC AGAINST THE JUDGMENT AND DECREE DATED 20.12.2019

PASSED IN R.A.No.138/2017 ON THE FILE OF THE II ADDITIONAL

SENIOR CIVIL JUDGE AND JMFC, TUMAKURU PARTLY ALLOWING THE

APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED

09.10.2017 PASSED IN O.S. No.91/2000 ON THE FILE OF THE IV

ADDITIONAL CIVIL JUDGE AND JMFC, TUMAKURU.

THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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NC: 2026:KHC:13484

RSA No. 1819 of 2021

HC-KAR

ORAL JUDGMENT

This Regular Second Appeal is filed by the plaintiffs

challenging the judgment and decree dated 20.12.2019 in

R.A.No.138/2017 by the II Additional Senior Civil Judge

and J.M.F.C, Tumakuru (‘First Appellate Court’ for short),

whereby, the First Appellate Court partly allowed the

appeal and modified the judgment and decree dated

09.10.2017 passed in O.S.No.91/2000 on the file of IV

Additional Civil Judge and J.M.F.C, Tumakuru (‘Trial Court’

for short). The suit instituted by the plaintiffs seeking

specific performance of an agreement of sale dated

30.10.1985 in respect of the suit schedule property was

dismissed insofar as the relief of specific performance is

concerned, while directing refund of the advance

consideration amount.

2. The case of the plaintiffs is that the suit

schedule property measuring 2 acres in Sy.No.2/9A1 out

of 4 acres 10 guntas situated at Kodihalli Village, Tumakur

Taluk, originally bel