IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR JUSTICE M.G.S.KAMAL REGULAR FIRST APPEAL NO.302 OF 2009 (SP)

BETWEEN:

B. VENKATARAJU S/O. LATE G BYRAPPA AGED ABOUT 59 YEARS R/AT NO. 72-B 4 MAGADI ROAD OLD TOLEGATE BANGALORE - 560 023.

... APPELLANT (BY SRI. RAGHU PRASAD B.S., ADVOCATE)

AND:

1. SMT TARABAI W/O. CHAGANLAL AGED ABOUT 50 YEARS R/AT NO. 72/1 NEAR HALE TOLEGATE MAGADI ROAD BANGALORE - 560 023. 2 . SMT YESHODABAI W/O. S M MUNISWAMY AGED ABOUT 80 YEARS R/AT NO. 221/1 BALAJI ROAD TYAGARAJANAGAR BANGALORE - 560 028 ... RESPONDENTS (BY SRI. Y.K. NARAYANA SHARMA., ADVOCATE FOR R1;

R2-SERVED AND UNREPRESENTED)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION

96 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED: 04.10.2008 PASSED IN OS.NO.1299/1989 ON THE FILE OF THE XV ADDL.CITY CIVIL JUDGE, BANGALORE CITY, PARTLY DECREEING THE SUIT FOR SPECIFIC PERFORMANCE.

THIS REGULAR FIRST APPEAL HAVING BEEN HEARD AND RESERVED ON 23.01.2026 FOR JUDGMENT COMING ON FOR PRONOUNCEMENT THIS DAY, THIS COURT DELIVERED THE FOLLOWING:

CORAM: HON'BLE MR JUSTICE M.G.S.KAMAL

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE M.G.S.KAMAL)

Defendant No.2 in O.S No.1299/1989