IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 1^ST DAY OF FEBRUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

W.P.No.105272/2018 (GM-CPC)

& W.P.No.105793/2018

Between:

Hanumantha Rao S/o. Tirumalarao Kulkarni,

Since deceased by his L.Rs.

1.

Smt.Radha Bai W/o. Late Hanumanthrao,

Age 66 years, Occ: Household,

2.

Smt.Jayalakshmi W/o. Krishna,

Age 44 years, Occ: Household,

3.

Smt.Rama W/o.Krishna K.V.,

Age 41 years, Occ: Household,

4.

Sri.Madhusudhan S/o. Late Hanumanthrao,

Age 42 years, Occ: Employee,

5.

Sri.Raghunandan W/o. Late Hanumanthrao,

Age 34 years, Occ: employee,

All are R/o.: Godoor Village,

Now at R/o.: NO.2, 80, Ground Floor,

10^th Cross, N.R. Colony,

Bengaluru.

… Petitioners

(By Smt. Hemalekha K.S., Advocate)

And:

Shri Ram Rao S/o.Thirumalarao

Kulkarni @ Patawari, Age 96 years,

Occ: Agriculture, R/o. Gudur Village,

Tq.: Gangavathi, Dist.: Koppal.

… Respondent

(By Shri Shivaraj S. Ballolli, Advocate)

: 2 :

These writ petitions are filed under Articles 226 & 227 of the

Constitution of India praying to quash the order dated 29.05.2018,

passed on I.A.No.6 filed under Section114 read with Order 47 Rule

1 Read with Section 151 of CPC in EP No.49/2013 on the file of the

Senior Civil Judge, Gangavathi, produced as per annexure-A.

These petitions coming on for Preliminary Hearing B-

Group,

this day, the Court made the following:

ORDER

1.

Hanumantha Rao filed a suit against his brother Ramrao

seeking specific performance of an agreement of sale dated

18.07.1983 in O.S.No.131/1984 in relation to Sy.No.8/1

measuring 17 acres 5 guntas situated at Gudur village in

Gangavathi Taluka. The said land had agreed to be sold to him

for a sum of Rs.30,825/-, out of which a sum of Rs.10,000/- had

already been paid.

2.

The said suit after contest was decreed on 14.07.1986. The

operative portion of the said order, reads as under:

“ ORDER

The defendant shall execute a registered sale-

deed in respect of the land bearing R.S.No.8/1

measuring 17 acres 5 guntas of Gudur Village of

Gangavathi Taluk after receipt of the balance

consideration amount in pursuance of the suit

agreement of sale deed within six months from the

date of the decree and failing which the plaintiff is at

liberty to get the same executed through Court. The

: 3 :

defendant shall pay the costs of the suit of the

plaintiff and to bear of his own.

Draw up a preliminary decree accordingly.”

3.

Thus, as per the decree dated 14.07.1986, Hanumantha

Rao, the plaintiff, was required to deposit the balance sale

consideration of Rs.20,825/- within a period of six months i.e.,

on or before 30^th January 1981. However, Hanumantha Rao did

not deposit the balance sale consideration in order to be entitled

for execution of the sale deed.

4.

Hanumantha Rao, on the other hand, filed a execution

petition in E.P.No.9/1994 seeking to execute the decree. The

executing Court by an order dated 18.08.1995 directed the

defendant-Ramrao to execute the registered sale deed within 15

days by receiving the balance sale consideration of Rs.20,825/-.

The Executing Court by the said order directed Hanumantha Rao

to deposit the balance sale consideration of Rs.20,825/- within

one week from the date of the order.

5.

Hanumantha Rao, the decree holder pursuant to the above

order deposited the balance amount on 20.08.1997.

: 4 :

6.

The defendant–JDR being aggrieved by the Executing

Court’s order, directing him to execute the sale deed preferred

revision before this Court in CRP No.2857/1995. This Court by

order dated 25.10.1999 set aside the order passed by the

executing Court on 18.08.1995.

7.

This Court while disposing of the revision was also of the

view that it would be proper to remand the matter to the trial

Court to enable the parties to work out their remedies before the

trial Court in accordance with law. This C