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RSA2329 06-05-07 2013no Bonafide Purchaser
RSA2329 06-05-07 2013no Bonafide Purchaser
BEFORE
BETWEEN:
1. K. Sivaramakrishna
Age: 40 years
S/o Venkatarama Rao
Mangamma Compound
Sanjeevarayanakote Post
Bellary Taluk
2. K. Ravishankar
Age: 34 years
S/o Venkatarama Rao
Mangamma Compound
Sanjeevarayanakote Post
Bellary Taluk ...Appellants
AND:
1. Narayana
Age: 32 years
S/o Dharmalinga Settiar
Rep. by his GPA holder
2
G. Babu
S/o Gangadhar Settiar
Door No.25, Ward No.XXV
Karkanakunta Well
Devingar
Bellary – 583 103
2. Valmiki Pennappa
Age: 52 years
S/o Obalappa
S/o Sridharagadda Village
Bellary Taluk – 583 103 ... Respondents
JUDGMENT
below that the plaintiff has established his title to the suit
3
the same.
Rs.10.45.
introducing para 6(a) to the effect that while the matter was
property and that the said sale deeds have been intentionally
passed by the Court and therefore they are not bona fide
favour.
of the plaintiff as such, the plaintiff will not get any right,
give rise to cause of action. Nor will the same confer any
claimed in the plaint and has filed the suit only to harass
attachment by the Court is void in law and the Court has not
to D-22.
8. What order?
the trial Court that the suit is not barred by time and there
the two Courts below, the plaintiff has preferred this second
appeal.
to be dismissed.
POINT NO.1
should not alienate the said property and nobody else shall
Major Agriculturist
Merchant’s clerk D.No.5/XIV ward
Bellary Bellary …J.Dr.
…D.Hr
SCHEDULE
Lands situate in the village of
Sanjeevarayanakota in Bellary Taluk, within the
registration and sub-registration District of
Bellary.
Sl.No. Sy.No. Extent
1 256 9-12
2 257 14-31
21
Office notice board and one copy was affixed on the notice
Court, the Bailiff went to the spot along with the plaintiff
possession.
sale.
immovable property.
does not confer any title upon the attaching creditors. But
114 of the Evidence Act will come to the aid of the party, if
32
the party proves the fact that the judicial or official act has
POINT NO.2:
the case of SMT RAM PEARY & OTHERS Vs. GAURI AND
as under:
decided suit. The decision being res judicata would not only
bind the parties thereto but also the transferees pendente lite
dismissed.
SD/-
JUDGE
CKL/KSP/KMS/VNP