M.MALLI GOUDA Vs. SUVARNAMMA

JUDGEMENT

(1.) Challenging impugned judgment and decree dtd. 26/7/2007 passed by Additional Senior Civil Judge (Sr.Dn.) Bellary in R.A.no.34/2006, allowing appeal by setting aside judgement and decree darted 9/6/2006 passed in O.S.no.120/2002 on file of Civil Judge (Jr.Dn.) Siruguppa, this appeal is filed.

(2.) Appellant herein was plaintiff, while respondents herein were defendants no.2 and 3. Defendant no.1 died during pendency of suit. Therefore, defendants 2 and 3 his LRs were brought on record. For sake of convenience, they will be referred to as such in this appeal.

(3.) O.S.no.120/2002 was filed for decree directing defendants to execute registered sale deed in favour of plaintiff to an extent of 1.50 acres out of immovable properties bearing Sy.no.25-A measuring 1.33 acres, Sy.no.25-C measuring 3.19 acres and Sy.no.25-E measuring 0.05 acres totally measuring 4.57 acres, situated at Siraguppa Village, Ballary Sub-division etc. (hereinafter referred to as 'suit properties').