Case brief
What is this about?
RSA No.1919 of 2016, High Court of Karnataka (Ashok S. Kinagi, 06.01.2026): second appeal under Sec.100 CPC against concurrent findings in a specific performance suit (O.S.No.843/1993, II Addl. Civil Judge Jr. Dn. & JMFC Tumkur, decree 20.04.2002; confirmed by R.A.No.247/2006, VI Addl. District & Sessions Judge, Tumakuru, 17.08.2016). Agreement of sale Ex.P1 executed by Kareem Sab and wife in favour of plaintiffs' mother; Rs.10,000/- consideration, Rs.8,000/- earnest, Rs.2,000/- balance; possession delivered; registration contingent on Fragmentation Act. Attesting witnesses/scribe proved execution; defendants' denial unsupported — DW.1 ignorant of transaction, signature not sent to handwriting expert; fabrication and non-payment of Rs.8,000/- not established; readiness/willingness shown by notice Ex.P11 and postal acknowledgments Exs.P12–P14. No substantial question of law; appeal dismissed, decrees confirmed, no costs, additional deposit of Rs.4,00,000/- ordered by plaintiffs before trial Court within three weeks.