This regular second appeal dismissed with liberty to the appellant to file a fresh suit for reliefs concerning property boundaries as per the 'saguvalichit' granted, as no objection was raised by the respondent.
Liberty to file a fresh suit for reliefs as per boundaries in the 'saguvalichit' granted to the appellant.
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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.2097 OF 2017 (DEC/INJ)
BETWEEN:
H.R.RANGASWAMY, AGED: 56 YEARS, S/O RAMANNA, R/O J.HOSAHALLY-572137 HOSURU POST, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT.
...APPELLANT
(BY SRI. PATEL D. KAREGOWDA, ADVOCATE)
AND:
PANDAPPA, AGE: 54 YEARS, S/O LATE THIMMANNA, R/O J.HOSAHALLY-572137, HOSURU POST, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT.
…RESPONDENT (BY SRI. SUNIL K.N., ADVOCATE FOR SRI. K.R.RAMESH, ADVOCATE)
THIS R.S.A. IS FILED UNDER SECTION 100 OF CPC, 1908 AGAINST THE JUDGMENT AND DECREE DATED 23.08.2017 PASSED IN R.A.NO.03/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SIRA DISMISSING THE APPEAL AND
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CONFIRMING THE JUDGMENT AND DECREE DATED 31.10.2015 PASSED IN O.S.NO.160/2009 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC, SIRA.
THIS R.S.A. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
After arguing the appeal for some time, the learned counsel for the appellant submitted that the appellant may be granted liberty to file a fresh suit for such reliefs as he may be entitled to and as per the correct boundaries of the property, as provided in the ‘saguvalichit’ granted to the appellant.
Hence subject to the above, this Regular Second Appeal
stands dismissed.
Sd/JUDGE
hnm
1 issue framed by the court
Whether the appellant ought to be granted liberty to file a fresh suit regarding reliefs and boundaries as per the 'saguvalichit' granted.
1 provisions across 1 enactments
H.R. Rangaswamy
Pandappa
Nataraj Rangaswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
