M. KRISHNAMURTHY S/O. LATE P. MUNIYAPPA MAJOR REP. BY HIS GFA HOLDER MR. GURUPRASAD S/O. K. VISHNU MURTHY MAJOR AND SRI. P. SATISH PAL S/O. LATE SRI NARASIMHA PAL Vs. VINIVINE PROPERTIES A REGISTERED PARTNERSHIP FIRM REP. BY ITS PARTNER, G. LOKE

JUDGEMENT

(1.) THESE two appeals arise out of a common order, dismissing Miscellaneous Petition. No. 778/2009 and allowing Miscellaneous Petition No. 35/2010.

(2.) WE find from the said order, at paragraph 26, the learned Judge has observed as under: 26. A part from this, the Hon'ble Supreme Court of India while dealing with the Petition(s) for Special Leave to Appeal (Crl) No(s). 19 -21/2009 has passed three orders on 29.9.2009, 1.10.2009 and 14.12.2009. The Hon'ble Apex court its order dated 14.12.2009 clearly and in categorical terms has directed in the following words "we also direct that no Court would pass any other order in this respect" and has further directed the Chief Secretary of the State of Karnataka to ensure that the orders are carried out in letter and spirit.

(3.) SRI K.G. Raghavan, learned senior counsel appearing for the appellants in these appeals submitted the said judgment of the Supreme Court has no application to the facts of these cases; as on a mis -representation made by the State, the Supreme Court appears to have passed the said order. The mis -representation is that the property is free from all encumbrances. On the day when said submission was made, property did not belong to M/s. Vinivinc Properties. The. appellants filed a suit, for specific performance in the competent Court in O.S. No. 17297/2004 and obtained a decree in their favour on 16.04.2007 and therefore, he submitted that the approach of the trial Court is erroneous.