The Court dismissed appeals under Section 100 CPC with liberty to the appellants to file a suit for declaration of title to the suit property in accordance with law.
Appeals dismissed with liberty to file a suit for declaration of title to the suit property in accordance with law.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR.JUSTICE NATARAJ RANGASWAMY
R.S.A. NO.1087 OF 2017 (INJ)
C/W
R.S.A. NO.1088 OF 2017 (INJ)
BETWEEN:
BOTH ARE R/AT RATHA BEEDI, KUSHALNAGAR TOWN, SOMWARPET TALUK, KODAGU DIST.
...APPELLANTS
(COMMON)
(BY SRI. S. RAJASHEKAR, ADVOCATE)
AND:
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…RESPONDENTS (COMMON)
[BY SRI. K.S. MALLIKARJUNAIAH, ADVOCATE (THROUGH VC)]
R.S.A. NO.1087/2017 IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2017 PASSED IN R.A. NO.3/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, SOMWARPETE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.11.2012 PASSED IN O.S.NO.94/2001 ON THE FILE OF THE CIVIL JUDGE, & J.M.F.C., SOMWARPETE.
R.S.A. NO.1088/2017 IS FILED UNDER SECTION 100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 18.04.2017 PASSED IN R.A. NO.4/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, SOMWARPETE, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND DECREE DATED 27.11.2012 PASSED IN O.S.NO.94/2001 ON THE FILE OF THE CIVIL JUDGE, & J.M.F.C., SOMWARPETE.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THIS COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for appellants in both these appeals submit that the appellants may be granted the liberty to file a suit for declaration of title to the suit property. It is needless to mention that if the plaintiff is able to establish his title over the suit property in a properly instituted suit, the same would be considered in
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accordance with law, subject of course to the law of limitation.
All contentions are left open.
Sd/JUDGE
hnm
1 issue framed by the court
Whether the appellants have liberty to prefer a suit for declaration of title considering the law of limitation.
1 provisions across 1 enactments
SMT. P.S. NIRMLA
SRI. P.S. SATHYANARAYANA GUPTA
SRI. V.V. VENKATESH MURTHY
V.V. VIVEK
V.V. VYSHYAK
NATARAJ RANGASWAMY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
