Dismissed

Smt. Chikka Cheluvamma @ Chikkathayamma v. Chandra Shekhar S/O Late Rajanna

Karnataka HC8 Mar 2013MISC.CVL/21719/2010

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a regular second appeal filed under Section 100 of the CPC, dismissed the appeal against the lower appellate order granting permanent injunction. The court held that on admitted facts regarding possession, no substantial question of law arose, resulting in the dismissal of both the appeal and the stay petition.

What did the court decide?

Appeal dismissed; Misc.Cvl.No.21719/2010 for interim stay dismissed.

Smt. Chikka Cheluvamma @ Chikkathayamma Vs Chandra… — Property and Title | Karnataka HC (2013)

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RSA No.2679/2010 A/w Misc.Cvl.No.21719/2010

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 8TH DAY OF MARCH 2013

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BEFORE

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THE HON'BLE MR. JUSTICE H.G.RAMESH

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REGULAR SECOND APPEAL NO.2679/2010 A/w MISCELLANEOUS CIVIL NO.21719/2010

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BETWEEN:

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SMT. CHIKKA CHELUVAMMA @ CHIKKATHAYAMMA W/O LATE SWAMY, AGED ABOUT 67 YEARS R/AT 4TH CROSS, SHANKARAPURA NANJANGUD – 570 138 ...COMMON APPELLANT

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(BY SRI. S KALYAN BASAVARAJ AND MS. SINCHANA.M.R., ADVOCATES)

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AND:

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1 CHANDRA SHEKHAR S/O LATE RAJANNA AGED ABOUT 50 YEARS R/AT VAKKALAGERI NANJANGUD TOWN – 570 138

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2 GURUSIDDAIAH @ SIDDU S/O SWAMY, AGED ABOUT 48 YEARS ANANDAPURA

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NANJANGUD – 570 138

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3 MURTHY S/O CHIKKAGANDU AGED ABOUT 38 YEARS NEELAKANTANAGAR

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NANJANGUD – 570 138 ...COMMON RESPONDENTS

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(BY SRI. P MAHESHA, ADVOCATE FOR R-1;

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R-2 AND R-3 ARE SERVED AND UNREPRESENTED)

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RSA No.2679/2010 A/w Misc.Cvl.No.21719/2010

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RSA IS FILED UNDER SEC.100 OF CPC., AGAINST THE JUDGMENT AND DECREE DATED 3.8.2010 PASSED IN R.A.NO.38/2008 ON THE FILE OF THE SENIOR CIVIL JUDGE, NANJANGUD, ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED:13.6.2008 PASSED IN O.S.NO.260/2004 ON THE FILE OF THE PRL. CIVIL JUDGE (JR.DN) & ADDL. JMFC., NANJANGUD.

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MISC. CVL. 21719/10 FILED UNDER ORDER 41 RULE 5 OF CPC, READ WITH SECTION 151 OF CPC, PRAYING TO STAY THE OPERATION OF THE JUDGMENT AND DECREE DATED 3.8.2010 PASSED IN R.A.NO.38/2008 ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND JMFC., NANJANGUD, PENDING DISPOSAL OF THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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RSA AND MISC.CVL. COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T H.G.RAMESH, J. (Oral):

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This second appeal is by defendant no.1. I have heard the learned counsel appearing for the parties and perused the judgments of the two courts below.

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The trial court, dismissed the suit filed by respondent no.1/plaintiff for grant of permanent Injunction. The subject matter of the suit is a vacant site measuring 40ft x 70ft. The Lower Appellate Court, on a detailed re-consideration of the evidence on

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RSA No.2679/2010 A/w Misc.Cvl.No.21719/2010

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record, has reversed the judgment and decree of the trial court by granting permanent injunction in respect of the aforesaid suit property.

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It is not in dispute that the suit property measuring 40ft x 70ft was sold by the very appellant/defendant No.1 in favour of one M.D.Usha as per registered sale deed dated 10.2.1972 - Ex.P4. After her death, her husband entered into an agreement with the plaintiff as per the sale agreement dated 09.07.2001 – Ex.P7, which states that the possession of the suit property was handed over to the plaintiff. On these admitted facts, the finding recorded by the Lower Appellate Court that respondent no.1/plaintiff is in possession of the suit schedule property cannot be said to be erroneous. No substantial question of law arises for determination in this second appeal. No ground to admit the appeal. The appeal is accordingly dismissed. In view of dismissal of the appeal, Misc.Cvl.No.21719/2010 filed

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RSA No.2679/2010 A/w Misc.Cvl.No.21719/2010

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for interim stay also stands dismissed.

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Appeal dismissed .

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Sd/JUDGE

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hkh/MN

Smt. Chikka Cheluvamma @ Chikkathayamma v. Chandra Shekhar S/O Late Rajanna

Case brief

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Smt. Chikka Cheluvamma @ Chikkathayamma v. Chandra Shekhar S/O Late Rajanna

Case brief

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