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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 17^TH DAY OF NOVEMBER, 2021

PRESENT

THE HON’BLE MR.JUSTICE S. SUNIL DUTT YADAV

AND

THE HON’BLE MR.JUSTICE S. RACHAIAH

R.F.A. No. 4141/2013 (SP)

BETWEEN:

SOMATHEERAM AYURVEDIC HOSPITAL

& YOGA CENTRE PRIVATE LIMITED,

TRIVENDRUM, KERALA-695 501

REPRESENTED BY ITS AUTHORISED SIGNATORY

AND GENERAL POWER OF ATTORNEY HOLDER

SHRI SHAIBY JAMES SON OF JAMES MATHEW,

AGED ABOUT 50 YEARS, CHOWARA P.O. SOUTH

OF KAVALAM, TRIVANDRUM-KERALA.

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APPELLANT

(BY SRI S.A. SANDUR, ADVOCATE FOR

SRI K.L. PATIL, ADVOCATE)

AND:

1.

SRI C.K. JANARDHAN,

SON OF LATE KRISHNAIAH SETTY,

AGED ABOUT 51 YEARS,

RESIDING AT KACHIPURA POST,

HOSADURGA TALUK,

CHITRADURGA DISTRICT-577 527.

2.

SMT. SARLA DAUGHTER OF LATE KRISHNAIAH,

WIFE OF SHRI. B.R. NAGARAJ,

AGED ABOUT 55 YEARS, RESIDING AT

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NANJUNDESWARA TRADING COMPANY (NTC),

KIRANA STORES, OPPOSITE PARTY,

PRIVATE BUS STAND, NH 4, SIRA-572 137.

3.

SMT. SUJATHA DAUGHTER OF LATE KRISHNAIAH,

WIFE OF SHRI G.S. SHIVA PRASAD,

AGED ABOUT 53 YEARS, HOUSE NO 37/2,

13^TH MAIN, 7^TH CROSS, SBM COLONY,

SREENIVASA NAGAR, BANGALORE-560 050.

4.

SMT. JALAJA DAUGTHER OF LATE KRISHNAIAH,

WIFE OF SHRI RAMESH,

AGED ABOUT 58 YEARS,

NANJUNDESHWARA STORES,

ACC CEMENT DEALERS,

HOLALKERE ROAD,

CHITRADURGA-577 501.

5.

SMT. MUNIYAMMA,

DAUGHTER OF LATE KRISHNAIAH,

WIFE OF SHRI. NAGABHUSHAN SETTY,

VASAVI JEWELERS, SANTHEPETE,

CHITRADURGA-577 501.

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RESPONDENTS

(SRI ANOOP G. DESHPANDE, ADVOCATE FOR R3,

NOTICE TO R1, R4 & R5 IS SERVED,

NOTICE TO R2 IS HELD SUFFICIENT)

THIS REGULAR FIRST APPEAL IS FILED UNDER SECTION 96 OF

CPC AGAINST THE JUDGMENT AND DECREE DATED 25.04.2013

PASSED IN O.S. NO. 32/2011 ON THE FILE OF THE PRINCIPAL SENIOR

CIVIL JUDGE & JMFC, HOSPET & ETC.

THIS REGULAR FIRST APPEAL AFTER FINAL HEARING COMING

ON FOR DICTATION THIS DAY, S.SUNIL DUTT YADAV J., DELIVERED

THE FOLLOWING:

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JUDGMENT

The parties are referred to by their ranking before the

trial Court for the purpose of convenience.

2.

The plaintiff had filed a suit seeking for grant of a

decree against the defendants directing the defendants to

execute and register sale deed in terms of the agreement of

sale, in favour of the plaintiff pertaining to the lands

mentioned in the schedule to the plaint by receiving the

balance consideration amount and had sought for further

direction relating to execution of registered sale deed by

appointing a Court Commissioner.

The suit was filed by M/s Somatheeram Ayurvedic

Hospital and Yoga Center Private Company Ltd. represented

by its authorized signatory and general power of attorney

holder Mr. Shaiby James. It was also averred in the plaint

that an agreement of sale came to be executed by

C.V.Krishnaiah in favour of Mr.James Polly Arampankudy in

respect of the suit schedule properties as per Ex.P.1-

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agreement of sale. It was stated that the consideration was

fixed at `1,25,000/- per acre and under the agreement of

sale an amount of `1,00,000/- was said to have been

advanced by Mr.James Polly Arampankudy as earnest

money.

It comes out that at a subsequent point of time the

plaintiff has asserted that C.V. Krishnaiah had accepted

another sum of `2,00,000/- and time fixed under the

agreement of sale was extended upto 31.03.2008. It is

submitted that the additional sale agreement came to be

executed on 06.06.2008 between C.V. Krishnaiah and the

plaintiff

company

represented

by

Mr.

James

Poly

Arampankudy. Copy of the said agreement is marked as

Ex.P.2. However, the said sale agreement was signed only

by the son-in-law of late Krishnaiah.

The plaintiff has averred that the plaintiff company

had intended to establish an Ayurvedic hospital and for

such purpose procurement of agricultural lands to an extent

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of about 80 acres was contemplated and that permission

and approval was obtained