M. ABDUL KAREEM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court calling in question order dtd. 14/2/2023 passed by the LXXII Additional City Civil and Sessions Judge, Mayo Hall, Bangalore in Execution Petition No.15061 of 2006 on I.A.No.4 of 2023 filed by respondents 6 to 11.

(2.) Brief facts that lead the petitioners to this Court in the subject petition, as borne out from the pleadings, are as follows:- An agreement of sale was executed on 23/8/1978 in favour of one Sri B.R. Rangaswamy by Sri D.Syed Younus. The agreement resulted in a suit being filed by Sri B.R.Rangaswamy in O.S.No.8443 of 1980 for specific performance of the agreement of sale. The aforesaid suit came to be dismissed by the civil Court on 15/4/1989. Against dismissal of the suit, Sri B.R. Rangaswamy files a regular first appeal in R.F.A.No.374 of 1989 calling in question the dismissal of suit in O.S.No.8443 of 1980. Ten years thereafter on 5/3/1999 the R.F.A. was allowed by this Court and the suit for specific performance was decreed. Against the said decree, the defendants in the suit, filed civil appeals before the Apex Court in Civil Appeal Nos. 1159 and 1160 of 2000 which came to be dismissed by order of the Apex Court on 8/2/2006.

(3.) After all the aforementioned proceedings a registered sale agreement was executed on 10/3/2006 by Sri D.Syed Younus represented by his GPA holder in favour of one S.M.Muneer, father of petitioner Nos. 1, 3, 4 and 5 and husband of the 2nd petitioner. Pursuant to the sale agreement absolute sale deed also comes to be registered on 28/2/2008 in favour of the said S.M.Muneer.