LAWS(KAR)-2017-6-20

AMEERJAN (DEAD) BY L.RS. Vs. DEVAKINANDAN GOYAL

Decided On June 05, 2017
Ameerjan (Dead) By L.Rs. Appellant
V/S
Devakinandan Goyal Respondents

JUDGEMENT

(1.) These three appeals are preferred against the common judgment and the decrees dated 18.8.2004 passed in O.S.Nos.10631/1990 and 10929/1996, questioning the legality and correctness of the said judgment, on the grounds mentioned in the appeal memorandums of the respective appeals.

(2.) RFA Nos. 200/2005 and 873/2005 are preferred by the defendant No. 2 in O.S. No. 10631/1990 and plaintiff in O.S. No.10929/1996 respectively.

(3.) One Devakinandan Goyal has filed the suit in O.S. No. 10631/1990 against Smt. Saraswati B. Belani and others seeking declaration that he has been the absolute owner in possession and enjoyment of the suit schedule property as mentioned in the schedule to the plaint; that the registered sale deed dated 19.4.1983 (Annexure 'Q' ) has been null and void and not binding on the plaintiff and it was liable to be set aside and the defendant Nos. 1 and 2 in the said suit were not entitled to seek delivery of possession through Court under the registered sale deed dated 19.4.1983 and also for the relief of permanent injunction to restrain the defendants 1 to 3 in the said suit from recovering possession of the suit property from the plaintiff under the registered sale deed dated 19.4.1983 executed by the Court in pursuance of the decree for specific performance in O.S.No.10514/1982 on 16.2.1983 either under Execution No. 10130/1987 or in any other execution or any other proceedings, pending disposal on the file of the Additional City Civil Judge (ACCH 20) Mayohall, Bangalore.