ANNAPPA Vs. SURESH

JUDGEMENT

(1.) The pendenteli te purchaser of the suit property, being aggrieved by the judgment and decree dated 9.9.2004, passed in R.A.No.69/1998, by the District and Sessions Judge and Presiding Officer, Fast Track Court, Jamakhandi , reversing the judgment and decree dated 21.7.1998, passed in O.S.No.171/1996, by the Prl. Civil Judge (Jr.Dn.) , Mudhol , has filed this regular second appeal.

(2.) Along with this appeal , the appellant has filed an application in I.A.No.3/2018 under section 151 of CPC seeking permission to prosecute the regular second appeal.

(3.) The appellant Annappa S/o.Adiveppa Handigund has sworn to an affidavit annexed to the application stating that the suit property was allotted to the share offather of the defendants in the partition in 1961 wherein various properties were divided between father of the plainti ff and father of the defendants. Thereafter in a subsequent partition, the suit property was allotted to the share of defendant No.3 and he had been in exclusive possession. However, respondent No.1/plainti ffinstituted a suit for partition and separate possession in O.S.No.171/1996 against the defendants and the same was dismissed. R.A.No.69/1998 filed by the plaintiff came to be allowed decreeing the suit granting half share. In the meanwhile, the appellant herein had purchased the suit property for a valuable consideration being unaware of the litigation. RSA filed by the defendant came to be dismissed as withdrawn. SLP filed by the L.Rs. , of the defendant was also dismissed. He purchased the suit property under a registered sale deed dated 25.7.2003 from the original defendant No.3. He is a bona fide purchaser for a valuable consideration being unaware of the litigation. He is the ultimate sufferer of the preliminary decree passed in R.A.No.69/1998. Therefore if the permission to prosecute this appeal is not granted, he will be put to irreparable loss and hardship.