IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 12^TH DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

R.S.A. NO.200334/2015 (DECL/INJ)

C/w

R.S.A. NO.200335/2015 (SP)

IN RSA NO.200334/2015

Between:

Shabbir Ahmed

S/o Abdul Kareem Sagari,

Aged about 57 years,

Occ : Agriculture,

R/o Bovi Kadamgera,

Tq : Shahapur,

Presently residing at Kembhavi,

Tq : Surpur, Dist : Kalaburagi.

… Appellant

(By Sri Ganesh Subhachandra Kalaburagi, Advocate for

Sri Ameet Kumar Deshpande, Advocate)

And:

1. Bheemanna S/o Devindrappa Mundinamani,

Age about 62 years, Occ : Agriculture,

R/o Gogi (K), Tq. Shahapur,

Dist : Kalaburagi.

2. Dharmanna S/o Devindrappa Mundinamani

Aged about 37 years, Occ : Agriculture,

2

R/o Gogi (K), Tq. Shahapur,

Dist : Kalaburagi.

… Respondents

(By Sri Sanjeevkumar C.Patil, Advocate)

This RSA is filed under Section 100 of the Code of Civil

Procedure, 1908 praying to allow this appeal and to set aside

the judgment and decree dated 21.08.2015 passed in

R.A.No.32/2014 on the file of the Senior Civil Judge at

Shorapur sitting at Shahapur, partly setting aside the

judgment

and

decree

dated

23.01.2014

passed

in

O.S.No.9/2007 on the file of the Civil Judge, Shahapur.

IN RSA NO.200335/2015

Between:

Shabbir Ahmed

S/o Abdul Kareem Sagari,

Aged about 57 years,

Occ : Agriculture,

R/o Bovi Kadamgera,

Tq : Shahapur,

Presently residing at Kembhavi,

Tq : Surpur, Dist : Kalaburagi.

… Appellant

(By Sri Ganesh Subhachandra Kalaburagi, Advocate for

Sri Ameet Kumar Deshpande, Advocate)

And:

1. Bheemanna S/o Devindrappa Mundinamani,

Age about 62 years, Occ : Agriculture,

R/o Gogi (K), Tq. Shahapur,

Dist : Kalaburagi.

2. Dharmanna S/o Devindrappa Mundinamani

Aged about 37 years, Occ : Agriculture,

3

R/o Gogi (K), Tq. Shahapur,

Dist : Kalaburagi.

… Respondents

(By Sri Sanjeevkumar C.Patil, Advocate)

This RSA is filed under Section 100 of the Code of Civil

Procedure, 1908 praying to allow this appeal and to set aside

the judgment and decree dated 21.08.2015 passed in

R.A.No.42/2014 on the file of the Senior Civil Judge at

Shorapur sitting at Shahapur, partly setting aside the

judgment

and

decree

dated

23.01.2014

passed

in

O.S.No.196/2007 on the file of the Civil Judge, Shahapur.

These appeals coming on for Orders this day, the

Court delivered the following:

JUDGMENT

The RSA No.200334/2015 is filed by the vendee

challenging the judgment and decree passed in

R.A.No.32/2014 dated 21.08.2015 by the court of the

Senior Civil Judge, Shorapur (hereinafter referred to as

the 'first Appellate Court', for brevity) which reversed the

judgment

and

decree

in

O.S.No.9/2007

dated

23.01.2014 passed by the court of the Civil Judge and

JMFC, Shahapur (hereinafter referred to as the 'Trial

Court', for brevity).

4

2.

The RSA No.200335/2015 is filed by the

vendee challenging the judgment and decree in

R.A.No.42/2014 dated 21.08.2015 passed by the first

Appellate Court which set aside the judgment and

decree passed in O.S.No.196/2007 dated 23.01.2014 by

the Trial Court, wherein granted decree in favour of

appellant herein.

3.

The respondents herein have filed suit in

O.S.No.9/2007 against the appellant herein for the

relief of declaration and for perpetual injunction. The

appellant herein has filed suit in O.S.No.196/2007 for

the relief of specific performance of contract and for

permanent injunction. The Trial Court has dismissed

the suit O.S.No.9/2007 filed by respondents herein and

the decreed the suit O.S.No.196/2007 filed by the

appellant herein and ordered issuing direction to the

respondents herein to execute registered sale deed in

favour of appellant herein.

5

4.

Being aggrieved by the judgment and decree

passed by the Trial Court in O.S.No.9/2007 dated

23.01.2014, the respondents herein have preferred the

appeal in R.A.No.42/2014 before the first App