In a second appeal under Section 100 CPC, the High Court of Karnataka dismissed the appellant's appeal against the dismissal of a suit for specific performance. The court held that since lower courts consistently found the sale agreement nominal, given the execution of a gift deed and Will, no substantial question of law arose.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 1ST DAY OF MARCH, 2017
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
R.S.A. NO. 100375/2016 (SP)
BETWEEN:
MAHESHWAR SWAMY S/O KASHINATH SWAMY HIREMATH AGE: 32 YEARS OCC: MEDICAL PRACTITIONER R/O: KANAKAGIRI TQ: GANGAVATHI, DIST: KOPPAL
... APPELLANT
(BY SRI B V SOMAPUR & N.B. SOMAPUR, ADVOCATES)
AND :
SRI. RENUKAYYA SWAMY S/O MAHANTHAYYA SWAMY HIREMATH AGE: 69 YEARS OCC: RETIRED EMPLOYEE & AGRI R/O: KANAKAGIRI, TQ: GANGAVATHI NOW AT KAVALURU ONI, KOPPAL DIST: KOPPAL
... RESPONDENT
THIS APPEAL IS FILED U/SEC. 100 OF C.P.C. AGAINST THE JUDGMENT AND DECREE DATED 29.01.2016 PASSED IN R.A. NO.21/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AT GANGAVATHI, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 09.04.2013 PASSED IN O.S. NO.2/2012 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE & J.M.F.C., AT GANGAVATHI, DISMISSING THE SUIT FILED FOR SPECIFIC PERFORMANCE OF CONTRACT.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THIS COURT, DELIVERED THE FOLLOWING:
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JUDGMENT
This second appeal is filed by the plaintiff aggrieved by the judgment dated 29.01.2016 passed by Senior Civil Judge, Gangavathi, in R.A. No.21/2013.
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his favour on 13.04.2010 bequeathing the plot situated at Kanakagiri. Therefore, in view of all these transactions he took up a stand that the agreement executed by him was only for the purpose of giving status to the plaintiff so that he would get married.
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nominal document not to be acted upon. Therefore, the appeal was dismissed.
Sd/JUDGE
hnm
3 issues framed by the court
Whether the appellant was able to prove the execution of a sale agreement by the respondent.
Whether the lower courts' finding that the agreement was nominal was a substantial question of law.
Whether secondary questions of contract and specific performance require fresh appreciation of evidence at the second appellate stage.
1 provisions across 1 enactments
Maheshwar Swamy
Sri. Renukayya Swamy
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
