Sold Same plot twice
Description of Property
Sy no 27/2A of kotnoor D (3 acres)
Owner Nagappa So/Bhimsha
Nagappa approached Vilas Harwalkar
And requested to Convert the land Into NA and form a layot by financially supporting him. In return Nagappa will give 27 plots ie Plot 29-55 (oral agreement)
Harwalkar started performing his part of the oral contract and subsequently got the Land converted into NA on 6-9-1991
On 23.12.1991 The oral agreement was reduced in writing
On 6.1.1992 Nagappa executed a registered power of attorney in favor of harwalkar to sell the plots plot No 29-55 as agreed between them.
Subsequent Harwalkar himself executed 4 Registered deeds in respect of plot 35, 36, 37 & 49 by using GPA given to him
When this being the situation nagappa duped harwalkar and sold the entire land to a third party by name shashender on 1.3.1993
After which sashander started selling the plots to different parties
Agreeeved by the action of nagappa Hawralkar filed a suit ie (for specific performance of contract or in alternative return the money with interest ) with OS/242/2000 on 31.8.2000 with Nagappa as D1 Shashander as D2 and subsequent purchasers from shashander by vertue of Sale deed Doc no 4258/1992/93 as D3 to D14 they all were brought on record
( the parties who purchased plot no 35.36.37 and 49 were not the party to the suit because Harwalkar himself executed their registered sale deeds on GPA given to him by nagappa)
on 2.4.2006 The suit filed by harwalkar got dismissed with cost
Agreeved by the said judgment and decree Harwalkar filed an RFA no 1007 2006 before the honorable high court of Karnataka circuit bench Gulbarga
The honorable high court order on 1.2.2012 set aside the judgement and decree passed by the trail court and the matter was remained back to the trail court for trial.
On 6.8 2014 The trail court passed the order and decreed the suit in favor of harwalkar in respect of plot 29 to 55 as per his suit for specific performance of contract and asked D1 to D 14 to Execute sale deeds to harwalkar In respect of plot 29 to 55
On behalf of the defendants the court commissioner was order to executed sale deed in respect to plot 29-55 in favor of harwalkar the same was done by the Court commissioner Represented by sriranga. Sale deed no 754. 2016/17
Sale deed no 754 2016/17 Clearly states that the parties executing this sale deed are the owner and possess of plot no 29 to 55 by the virtue of sale deed Doc No 4258/1992/93.
(Suit against harwalkar )
On 2.11.2017 Harwalkar intentionally deliberately and surreptitiously misinterpreted the court orders with malafid intention and once again sold away plot NO 36 to one hanumant by sale deed no [deleted]/18 without the knowledge of the actual owner of plot no 36
he himself sold plot no 36 in 1993 with Registered Doc No 488 1993/94 as GPA holder of nagappa once again Double registered the same plot to other with doc no [deleted]/18