IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21^ST DAY OF APRIL 2026 BEFORE THE HON'BLE MRS JUSTICE GEETHA K.B.

REGULAR SECOND APPEAL NO. 100543 OF 2020 (SP)

BETWEEN:

RAJU HANAMANTAPPA HUGAR, AGE: 40 YEARS, OCC: AGRICULTURE, R/O: GAJENDRAGAD- 582114, TQ: RON, DIST: GADAG.

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

AND:

RACHAVVA KALAKAPPA JEER @ HUGAR DECEASED BY LR’S, 1. BASAVVA SHANKRAPPA JEER @ HUGAR, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: GAJENDRAGAD- 582114, TQ: RON, DIST: GADAG.

2. RENAVVA D/O KALAKAPPA JEER @ HUGUR, GIRIJA A.

AGE: 40 YEARS, OCC: AGRICULTURE, BYAHATTI R/O: GAJENDRAGAD- 582114, Digitally signed by TQ: RON, DIST: GADAG.

GIRIJA A. BYAHATTI Location: HIGH COURT …RESPONDENTS OF KARNATAKA, DHARWAD BENCH (BY SRI. SADIQ N. GOODWALA, ADVOCATE FOR R1;

SRI. ARVIND D. KULKARNI, ADVOCATE FOR R2)

THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION

100 R/W ORDER XLII RULE 1 OF CPC, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE PASSED IN R.A.NO.22/2015 DATED 11.02.2020 PASSED BY THE I ADDL. PRINCIPAL FAMILY COURT, GADAG AND THE JUDGMENT AND DECREE PASSED BY LEARNED SENIOR CIVIL JUDGE AND JMFC, RON IN O.S.NO.13/2013 DATED 05.03.2015 AND THEREBY DECREE THE SUIT OF THE PLAINTIFF IN THE INTEREST OF JUSTICE AND EQUITY.

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

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

ORAL JUDGMENT

1. This is an appeal filed under Section 100 CPC, praying for setting aside the Judgment and Decree dated 11.02.2020 passed in R.A.No.22/2015 on the file of I Additional Principal Judge, Family Court, Gadag (hereinafter referred to as ‘the first Appellate Court’, for short), and the Judgment and Decree dated 05.03.2015 passed in O.S. No.13/2015 on the file of the Senior Civil Judge and JMFC, Ron (hereinafter referred to as ‘the Trial Court’, for short) and to decree the suit of the plaintiff and for such other reliefs.

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

3. The plaintiff has filed the suit before Trial Court praying for specific performance of the suit sale agreement dated 10.03.2004, directing the defendants to execute sale deed in favour of the plaintiff in respect of suit schedule property, i.e., 2/3^rd share of defendants in 1 acre 29 guntas out of 2 acres 24 guntas situated at Sy.No.28/5 of Unachageri Village, Ron Taluk, by receiving the balance sale consideration amount, and to hand over possession of suit schedule property; alternatively, in the event the Court comes to the conclusion that the plaintiff is not entitled to specific performance for any technical reason, plaintiff sought direction to defendant Nos.1 and 2 to refund the entire earnest money with interest at 18% per annum and to create mortgage on suit schedule property and for such other relief.

4. The case of plaintiff before the Trial Court in a nut shell is that:

4.1. Originally the total extent of suit schedule property i.e., 2 acres 24 guntas in Sy.No.28/5 of Unachageri Village of Ron Taluk, belonged to the husband of defendant No.1 and father of defendants No.2, namely Sri Kalakappa Jeera @ Hugar. After his death, defendants became the owners of the said property.

4.2. Defendant Nos.1 & 2, have taken some amount from the plaintiff in order to meet funeral expenses of Kalakappa Hugar and to clear loans, and they agreed to sell their 2/3^rd share i.e., 1 acre 29 guntas to the plaintiff for total consideration of ₹5,25,000/-. They received an earnest money of ₹4,50,000/- and executed the sale agreement dated 10.03.2004 in presence of witnesses, agreeing to execute the registered sale deed whenever called upon by the plaintiff.

4.3. The plaintiff contends that he was and is always ready and willing to perform his part of the contract and made several requests to defendants No.1 and 2 to execute the registered sale deed, but they postponed execution on one or the other pretext. Defendant No.3 holds 1/3^rd share in t