Lakshmaiah v. Thimmaiah Dead Represented by His Lrs
Case brief
What is this about?
Keywords: maintainability of second appeal; defendant who failed to file cross-appeal or cross-objection barred from raising substantial questions of law; Section 100 CPC Karnataka; admission-stage rejection of regular second appeal; declaration and injunction suit; declaratory relief based only on revenue entries; absence of grant order; plaintiff vacated suit premises; O.S.No.223/2015 (Senior Civil Judge and JMFC, Sira); R.A.No.154/2021 and R.A.No.2/2022 (VI Additional District and Sessions Judge, Tumakuru); Lakshmaiah v. LRs of Thimmaiah and Basappa. Citable for the proposition that a party who acquiesces in a trial court decree, without separate appeal, cross-appeal or cross-objection in the first appeal, cannot maintain a second appeal thereon.
What did the court decide?
The regular second appeal filed by defendant No.2 (Lakshmaiah) is per se not maintainable, as he did not question the correctness of the trial court's judgment and decree in O.S.No.223/2015 by filing a separate appeal, cross-appeal or cross-objection in R.A.No.154/2021 or R.A.No.2/2022, notwithstanding that he was a party therein and had engaged an advocate.