- 1 - NC: 2025:KHC-K:2484 RSA No. 200039 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE REGULAR SECOND APPEAL NO.200039 OF 2024 (SP) BETWEEN: 1. BALESAB S/O KHONMIRSAB, AGE: 62 YEARS, OCC: AGRICULTURE, R/O: RYAVANOOR, POST: HARNOOR, TQ: JEWARGI, DIST: KALABURAGI. 2. SMT. RAJAQBEE W/O BALESAB, AGE: 56 YEARS, OCC: HOUSEHOLD, C/O BALESAB S/O KHONMIRSAB R/O: RYAVANOOR, POST: HARNOOR, TQ: JEWARGI, DIST: KALABURAGI. …APPELLANTS (BY SRI GANESH NAIK, ADVOCATE) AND: SAHEB PATEL S/O RAJA AHAMED AGE: 51 YEARS, OCC: AGRICULTURE, R/O: RYAVANOOR, POST: HARNOOR, TQ: JEWARGI, DIST: KALABURAGI. …RESPONDENT THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO ALLOW THE APPEAL AND DECREE THE SUIT OF THE PLAINTIFF BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 12.10.2023 PASSED IN R.A.NO.18/2022 BY THE SENIOR CIVIL JUDGE AND J.M.F.C., AT JEWARGI AND ETC. Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2484 RSA No. 200039 of 2024 THIS REGULAR SECOND APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL JUDGMENT (PER: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This appeal is filed against the decree for specific performance granted by the trial Court and confirmed by the first appellate Court. It is stated that execution petition is pending in view of the interim order granted by this Court. 2. Learned counsel for the appellants has filed a memo for having served the copy of the appeal memo to the learned counsel appearing for the decree holder in E.P.No.1/2024 on the file of Civil Judge, Jewargi. 3. Learned counsel for the appellants has also filed a memo stating that the copy of the registered cancellation deed dated 25.03.2025 canceling the agreement for sale which is the basis for the decree for specific performance is served on the learned counsel appearing for the decree holder/respondent. - 3 - NC: 2025:KHC-K:2484 RSA No. 200039 of 2024 4. The respondent is served in this appeal and he is not present before the Court. 5. On perusal of the registered cancellation deed dated 25.03.2025, produced before this Court, it is noticed that the agreement for sale dated 20.01.2014 registered before the Sub-Registrar, Jewargi based on which the decree for specific performance of contract granted is cancelled. 6. Despite service of notice the respondent has not chosen to appear before this Court. The submission based on the registered cancellation deed dated 25.03.2025 is not opposed. 7. From the registered agreement dated 25.03.2025, it is noticed that agreement for sale dated 20.01.2014 is cancelled. The decree for specific performance is granted based on the said agreement dated 20.01.2014. 8. Under these circumstances, taking into consideration the development that has taken place subsequent to the filing of the appeal, the decree for specific performance granted by the Trial Court and confirmed by the First Appellate - 4 - NC: 2025:KHC-K:2484 RSA No. 200039 of 2024 Court on the basis of agreement for sale dated 20.01.2014 is set aside. 9. Hence, the following: ORDER i) The appeal is allowed. ii) The judgment and decree dated 12.10.2023 in R.A. No.18/2022 on the file of Senior Civil Judge, Jewargi and judgment and decree dated 06.08.2022 in O.S.No.07/2017 on the file of Civil Judge, Jewargi are set aside. iii) Registry is directed to send the copy of this order to the Executing Court. Sd/- (ANANT RAMANATH HEGDE) JUDGE BL List No.: 1 Sl No.: 19