IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 24^TH DAY OF MARCH 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

REGULAR SECOND APPEAL NO. 5403 OF 2010 (SP)

BETWEEN:

MUKTUR SIDDAPPA S/O. BASAPPA M., AGE: 43 YEARS, OCC: AGRICULTURE, R/O. H.NO.1342/1A, SANAPUR ROAD, 4/5 WARD, KAMPLI-580015, HOSPET TALUK, BALLARY DISTRICT.

…APPELLANT (BY SRI. C.S. SHETTAR, ADVOCATE)

Digitally signed by AND:

BHARATHI H M Location:

HIGH COURT OF KARNATAKA, 1. V. THIPPESWAMY DHARWAD BENCH S/O. HULUGAPPA, AGE: 45 YEARS, OCC: COOLIE, R/O. CHAPPARADHALLI, 4^TH WARD, KAMPLI, HOSPET TALUK-580015, BALLARY DISTRICT.

2. SMT. MUTKUR MANGALAMMA, W/O. SIDDAPPA, AGE: 38 YEARS, OCC: HOUSE WIFE, R/O. H.NO.1342/1A, SANAPUR ROAD, 4/5 WARD, KAMPLI, HOSPET TALUK, BALLARY DISTRICT-580015.

…RESPONDENTS (BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR C/R1;

NOTICE TO R2 IS SERVED)

THIS RSA IS FILED UNDER SECTION 100 OF CPC., PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED BY THE FAST TRACK COURT-III, HOSPET IN REGULAR APPEAL NO.147/2008 DATED 11-02-2010 CONFIRMING THE JUDGMENT AND DECREE PASSED BY THE COURT OF ADDITIONAL CIVIL JUDGE (SR. DN), HOSPET IN O.S.NO.61/2005 DATED 18-06- 2008 AND ALLOW THE ABOVE REGULAR SECOND APPEAL WITH CAST IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: THE HON'BLE MRS JUSTICE GEETHA K.B.

ORAL JUDGMENT

This is the appeal filed under Section 100 of CPC by the appellant/defendant, praying for setting aside the judgment and decree dated 11.02.2010 passed in RA No.147/2008 on the file of Fast Track Court-III Hospet (for short ‘First Appellate Court’) by confirming the judgment and decree dated 18.06.2008 in OS No.61/2005 on the file of Additional Civil Judge, (Sr. Dvn.), Hospet (for short ‘trial Court’).

2. Parties would be referred with their ranks, as they were before trial Court for sake of convenience and clarity.

3. Plaintiff has filed the suit before trial court praying for Specific Performance of the agreement dated 24.04.2004 directing the defendants to execute sale deed in his favour by receiving balance sale consideration amount of ₹.40,000/-; for Court costs and such other reliefs. Subsequent to filing of the suit, plaintiff amended the prayer column and inserted alternative prayer for refund of ₹.1,10,000/- advance amount with interest at 24% per annum from the date of agreement till realization.

4. The case of plaintiff before trial Court in nutshell is that defendant No.1 was owner of suit schedule house property and to meet his unavoidable expenses, he agreed to sell suit schedule property to plaintiff for a sum of ₹.1,50,000/- by receiving advance sale consideration amount of ₹.1,10,000/- and executed the registered sale agreement dated 23.04.2004 on 24.04.2004 wherein defendant No.1 acknowledged the receipt of earnest money of Rs.1,10,000/- and also agreed to execute registered sale deed by receiving balance sale consideration amount of ₹.40,000/-. Afterwards defendant No.1 tried to transfer suit schedule property in the name of his wife i.e., defendant No.2 and defendant No.2 tried to mutate khatha into her name before Town Municipal Council, Kampli. Plaintiff objected for the same. Thus, with the apprehension he has filed suit against defendant Nos.1 and 2 and against Town Municipal Counsel, Kampli for the relief of permanent injunction in OS No.114/2004 before Principal Civil Judge, Hospet. Defendant No.1 only to defraud the rights of plaintiff, has executed the gift deed in favour of defendant No.2. Plaintiff has issued legal notice to defendants. Even though, plaintiff was and is always ready and willing to perform his part of contract, defendants intended to sell suit schedule property to third parties only to defraud his rights. Hence, he has also filed criminal case against them and filed the present suit for appropriate reliefs.

5. A fter service of notice, defendant No.1 filed his written statement which is being adopted by defenda