This High Court of Karnataka dismissed the regular second appeal in a property dispute, noting no substantial question of law arose, and consequently dismissed the interim stay application.
Appeal dismissed; Interim Stay Application No.1/2013 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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R.S.A. No.405/2013
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 8TH DAY OF MARCH 2013
BEFORE
THE HON'BLE MR. JUSTICE H.G.RAMESH
REGULAR SECOND APPEAL NO.405/2013
BETWEEN:
SRI HANUMANTHARAYAPPA S/O LATE PAPAIAH AGED ABOUT 63 YEARS R/O VEERAPURA VILLAGE KASABA HOBLI – 561 203 DODDABALLAPURA TALUK ...APPELLANT
(BY SRI. VISHNU BHAT AND SRI. D.T.NANJESH GOWDA, ADVOCATES)
AND:
SRI NARAYANAPPA S/O MUNISHAMAPPA AGED ABOUT 60 YEARS R/O VEERAPURA VILLAGE KASABA HOBLI – 561 203 DODDABALLAPURA TALUK ...RESPONDENT
THIS RSA IS FILED U/S. 100 OF CPC AGAINST THE JUDGEMENT & DECREE DTD 1.2.2013 PASSED IN R.A.NO.90/2009 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, DODDABALLAPUR, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DTD 27.10.2009 PASSED IN OS.NO.104/2004 ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., DODDABALLAPUR.
THIS RSA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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R.S.A. No.405/2013
J U D G M E N T
H.G.RAMESH, J. (Oral):
This is a defendant's second appeal. I have heard the learned counsel appearing for the appellant and perused the judgments of the two courts below. The trial court has decreed the suit filed for declaration and permanent Injunction in respect of the suit property measuring 22 feet X 33 feet. The said decree is confirmed by the Lower Appellate Court. Concurrent findings by both the courts. In my opinion, 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, I.A.No.1/2013 filed for interim stay also stands dismissed.
Appeal dismissed.
Sd/JUDGE
hkh/MN
Sri Hanumantharayappa s/o Lata Papaiah
Sri Narayanappa s/o Munishamappa
H.G. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
