MUKDUM SAB Vs. ABDUL KADAR SAB @ SUBEDAR

JUDGEMENT

(1.) This is the appeal preferred against the judgment and decree dated 20.10.2005 passed by the Civil Judge (Sr.Dn.) and JMFC., Bhadravathi in R.A.No.21/2002 confirming the judgment and decree passed by the I Addl. Civil Judge (Jr.Dn.) and JMFC., Bhadravathi dated 20.08.2002 in O.S.No.222/1994.

(2.) The brief facts leading to the present regular second appeal are that the appellant herein was the defendant before the original Court wherein O.S.No.222/1994 was filed by the deceased respondent herein, who was the plaintiff in the said suit. The suit was for specific performance of the agreement of sale dated 24.12.1982 to direct the defendant therein to execute the registered sale deed in respect of the suit schedule property in favour of the plaintiff in the said suit and in the alternative, for the recovery of the amount of Rs.43,500/- paid by the plaintiff as advance amount, with interest at 18% per annum, together with Court cost and other reliefs. In the said suit the defendant therein, who is the appellant in this regular second appeal, appeared and filed his written statement and ultimately, the trial Court decreed the suit of the plaintiff and directed the defendant therein to execute the registered sale deed in respect of the suit schedule property by receiving balance consideration of Rs.5,000/- from the plaintiff. Aggrieved by the said judgment and decree passed in the suit, defendant preferred regular appeal in R.A.No.21/2002 before the Civil Judge (Sr.Dn.) and JMFC at Bhadravathi. The first appellate Court by its judgment and order dated 20.10.2005 dismissed the appeal confirming the judgment and decree passed by the trial Court. Being aggrieved by the judgment and order passed in the said appeal by the first appellate Court, defendant has preferred this appeal.

(3.) On 13.4.2010, the learned single Judge of this Court has formulated the substantial questions of law and allowed the second appeal by passing the judgment. The respondents-legal representatives of the deceased plaintiff in the above regular second appeal challenged the legality of the said judgment before the Hon ble Supreme Court in Civil Appeal No.5076/2011 (arising out of SLP(C) No.25696/2010). The Hon ble Supreme Court allowed the appeal setting aside the judgment of the Hon ble High Court and the regular second appeal is remanded back to the file of the High Court of Karnataka for fresh hearing and disposal by the High Court. It is also observed by the Hon ble Supreme Court that it is open to the parties to contend the substantial questions of law as framed by the High Court on 13.4.2010 do not arise or require modification.