NARAYANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra court appeal has been filed challenging the order dtd. 4/3/2020 passed by the learned Single Judge of this Court in W.P.No.41603/2014.

(2.) Heard the learned Counsel appearing for the parties and also perused the material available on record.

(3.) Brief facts as revealed from the records which would be necessary for the disposal of this appeal are, the land bearing survey No.91/2 measuring 4 acres 25 guntas and survey No.91/3 measuring 1 acre 1 gunta situated at Hebbur Village and Hobli, Tumakuru Taluk were the joint family properties of three brothers namely Siddalingaiah, Siddaiah and Chikkasiddaiah. Though there was no partition in the family, Siddalingaiah had sold his 1/3rd share in the aforesaid lands to one Thimmaiah under a registered sale deed. The said Thimmaiah had filed O.S.No.21/1949-50 seeking partition of the lands in question and the said suit was decreed and in the execution case initiated by Thimmaiah in Ex.No.180/1953, 1/3rd share in the lands in question which were purchased by Thimmaiah from Siddalingaiah was delivered to him. In the meanwhile, Siddaiah and Chikkasiddaiah had executed a mortgage-cum-sale deed in respect of their share in the lands in question in favour of one Rangappa Setty. The son of Rangappa Setty sold the property purchased by his father to Sri. Venkatappa who is the father of respondent No.4 herein.