H.S.GOUTHAM Vs. RAMA MURTHY

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.09.2006 passed by the High Court of Karnataka at Bangalore in RFA No. 274 of 2001, MFA No. 3934 of 2000 and CRP No. 3297 of 2000, the original plaintiff and the subsequent auction purchaser who purchased the property in question in the Court auction in execution proceedings, have preferred the present appeals.

(2.) The facts leading to the present appeals in nutshell are as under:

(3.) Shri Rahul Arya, learned advocate appearing on behalf of the original plaintiff has vehemently submitted that the High Court has committed an error in quashing and setting aside the consent decree and also in quashing and setting aside the orders dated 01.06.1995 and 30.10.1999. It is vehemently submitted that the High Court has materially erred in relying upon the report submitted by the learned Principal City Civil Judge that the decree in O.S. No. 3376 of 1995 has been obtained by fraud. It is vehemently submitted that as such even the defendants admitted in the proceedings before the Principal City Civil Judge that he had mortgaged the property for Rs. 1,00,000/- under the registered mortgage deed and that he took a further sum of Rs.50,000/- from Shantilal by executing a pro-note in his favour. It is submitted that he also admitted that the amount was not repaid. It is submitted that in fact and as an after-thought, the defendant came up with a case that he repaid the money. However, even as observed by the learned Principal City Civil Judge, he could not prove the payment.