Sri.K.v.Jayaram v. Smt.Girijamma
Case brief
What is this about?
Counter claim on suit schedule property; whether specific properties/boundaries required under Order 8 Rule 6A and 6B CPC; Order 7 Rule 3 CPC; remand under Order 41 Rules 23, 23A, 28, 33 CPC; MSA under Order XLI Rule 25 CPC; RSA under Section 100 CPC; Ex.D.94 grant order by Special Deputy Commissioner; inam land; earlier survey numbers renumbered after phodi/re-survey; claim of 1/3rd share; apportionment at final decree stage; concurrent findings of Trial and Appellate Courts set aside; O.S.No.127/2002, Addl. Senior Civil Judge and JMFC KGF; R.A.Nos.55/2011 and 60/2011, Fast Track Court KGF; appeals of 2011, suit of 2002; Karnataka High Court; H.P. Sandesh; both appeals allowed and remitted for fresh consideration with time-bound disposal of six months from 13.08.2025.
What did the court decide?
Both the appeals are allowed; the matter is remitted back to the Appellate Court to consider it afresh in view of this Court's observations; the parties are directed to appear before the Appellate Court on 13.08.2025 without expecting any notice, and the Appellate Court is directed to dispose of the matter within six months from 13.08.2025, with parties and counsel directed to assist in disposal within that time-bound period.