Judgement of the Day - Sri V. N. Krishna Murthy V. Sri Ravi Kumar


In this case, the appeal was filed against the judgement dated 21.02.2019 passed by the High Court of Karnataka. This was the case related to the execution of a sale deed where co-owner of the land put an allegation that the suit property was the ancestral property and agreement of sale was executed ignoring the interest of the plaintiff. The disputed land was sold to Karnataka State Khadi and Village Industries Worker's House Building Co-operative Society Ltd. (respondent), side by side General Power of Attorney was executed in favour of office bearers of the respondent society authorizing them to enter into sale transaction of the suit property which gave the absolute rights to the Attorney to do all such acts which are necessary for the sale of the property. As a result, sale deed in respect of the disputed land was executed by the Attorneys in favor of the appellants. But sale agreement of the disputed land did not culminate into a sale transaction, between the plaintiff and respondent because it was the case of a disputed piece of land of which the limitation period was over, thus unenforceable. During the pendency of the suit proceedings, the appellants made an application under Order 1 Rule 10 (2) CPC but the trial court dismissed it.


High Court agreed to the judgment made by the trial court and declined to grant leave to file an appeal. It was said that on the basis of aforesaid facts that the applicants/appellants do have an independent right to sue the housing society for their specific performance which they appear to have derived based on the sale deeds executed by the owners of the land. But they are not the aggrieved party in the case. The basis of the case of appealing is entirely different and there is no locus to challenge the decree passed by the trial court. According to section 96 and 100 of the Code of Civil Procedure, a stranger is not permitted to file an appeal in any proceedings unless he is the aggrieved party. Thus the appellant does not enumerate the categories of persons who can file an appeal.

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