IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21^ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REGULAR SECOND APPEAL NO.100008 OF 2026 (SP)

BETWEEN:

SHRI CHANDRASHEKHAR S/O. GURULINGAPPA MAYAKAR, AGE: 53 YEARS, OCC: AGRICULTURIST, R/O. SHINGANAHALLI VILLAGE, NEAR BASAVESHWAR TEMPLE, TQ. AND DIST. DHARWAD.

R/BY HIS SPECIAL POWER OF ATTORNEY HOLDER, SRI BASAVARAJ S/O. RAMAPPA MANGOJI, AGE: 73 YEARS, OCC: RETIRED, R/O. SHINGANAHALLI VILLAGE, TQ. AND DIST. DHARWAD-580011.

…APPELLANT (BY SRI S. N. BANAKAR, ADVOCATE)

AND:

1. SRI DHARMANAGOUDA S/O.BHEEMANAGOUDA PATIL AGE: 53 YEARS, OCC: AGRICULTURIST, R/O. SHINGANAHALLI VILLAGE, NEAR MASUTI, Digitally signed by MALLIKARJUN TQ. AND DIST. DHARWAD-580011.

RUDRAYYA KALMATH Location: High 2. SMT. SUJATHA W/O. DHARMANAGOUDA PATIL, Court of Karnataka, AGE: 60 YEARS, OCC: HOUSEWIFE, Dharwad Bench R/O. SHINGANAHALLI VILLAGE, NEAR MASUTI, TQ. AND DIST. DHARWAD-580011.

3. SRI MANJUNATH S/O. DHARMANAGOUDA PATIL, AGE: 33 YEARS, OCC: NIL, R/O. SHINGANAHALLI VILLAGE, NEAR MASUTI, TQ. AND DIST. DHARWAD-580011.

4. SMT. LAXMI D/O. DHARMANAGOUDA PATIL, AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O. SHINGANAHALLI VILLAGE, NEAR MASUTI, TQ. AND DIST. DHARWAD-580011.

5. KUMAR ANANDRAO S/O. DHARMANAGOUDA PATIL, AGE: 28 YEARS, OCC: STUDENT, R/O. SHINGANAHALLI VILLAGE, NEAR MASUTI, TQ. AND DIST. DHARWAD-580011.

6. SMT. DEEPA D/O. DHARMANAGOUDA PATIL, AGE: 26 YEARS, OCC: STUDENT, R/O. SHINGANAHALLI VILLAGE, NEAR MASUTI, TQ. AND DIST. DHARWAD-580011.

7. SMT. SHOBHA D/O. DHARMANAGODA PATIL, AGE: 22 YEARS, OCC: STUDENT, R/O. SHINGANAHALLI VILLAGE, NEAR MASUTI, TQ. AND DIST. DHARWAD-580011.

…RESPONDENTS THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 OF THE CODE OF THE CIVIL PROCEDURE, PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF 1ST ADDL. CIVIL JUDGE AND JMFC DHARWAD IN OS NO.416/2013 DATED 01.02.2023 AND CALL FOR THE RECORDS FROM THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND JMFC DHARWAD IN RA NO.11/2023 DATED 15.09.2025 AND SET ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED IN OS NO.416/2013 PASSED BY THE 1ST ADDL. CIVIL JUDGE AND JMFC, DHARWAD DATED 01.02.2023 BY ALLOWING THIS APPEAL AND BY DECREEING THE SUIT FILED BY THE PLAINTIFF IN ITS ENTIRETY AND THE JUDGMENT AND DECREE PASSED BY THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, DHARWAD IN RA NO.11/2023 BE SET ASIDE SO FOR AS IT PERTAIN THE APPELLANT/PLAINTIFF IS ENTITLED FOR REFUND OF ADVANCE SALE CONSIDERATION AMOUNT OF RS. 2,70,000/- WITH INTEREST AT 6% PER ANNUM FROM THE DATE OF SUIT TILL REALIZATION BE SET ASIDE BY MODIFYING THE SAID PART OF THE JUDGMENT AND TO GRANT MAIN RELIEF OF SPECIFIC PERFORMANCE OF AGREEMENT OF SALE GOT EXECUTED BY THE DEFENDANT NO.1 DATED 16.06.2004, BY ALLOWING THIS R.S.A. THROUGHOUT COST IN THE INTEREST OF JUSTICE AND ETC.

THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY JUDGMENT WAS DELIVERED THEREIN AS UNDER:

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)

This appeal is filed by the plaintiff challenging the judgment and decree dated 15.09.2025 passed in R.A.No.11/2023 on the file of II Additional Senior Civil Judge and JMFC, Dharwad, Hereinafter referred to as the ‘First Appellate Court’, which confirmed the judgment and decree dated 01.02.2023 passed in O.S.No.416/2013 on the file of I Additional Civil Judge and JMFC, Dharwad, Hereinafter referred to as the ‘Trial Court’ , thereby the suit filed for specific performance of contract was dismissed with cost. 2. For the purpose of convenience and easy reference, ranking of the parties is referred to as per their status before the Trial Court.

3. It is the case of the plaintiff that the defendants are the owners of the suit schedule land bearing Sy.No.14/1, measuring 08 acres 05 guntas, situated at Shinganhalli village, Dharwad district. Defendant No.1 offered to sell the suit schedule land for a valuable consideration of Rs.2,75,000/-, and the plaintiff agreed to purchase the same for the said consideration. Consequently, on 16.06.200