Sri S a Wamiq Beig v. Sri Srinivas
Case brief
What is this about?
Keywords: Karnataka High Court Bengaluru; RSA No.1655 of 2025; H.P. Sandesh; Section 100 CPC; admission stage; substantial question of law; concurrent findings; identity of suit property; private revenue layout sites; Tunga channel strip of land; khata/RTC Ex.P5; sale deed 16.01.1987 / Ex.P2 16.01.1997; Exs.P1-P7; layout sketch Ex.P6 private retired Survey Superintendent Shivamogga; unauthenticated documents; competent authority; possession; mandatory injunction; demolish illegal structure; mean/mesne profits; defendant duly served and unrepresented; GPA holder P.W.1; O.S.No.661/2017 Prl. Civil Judge JMFC Shivamogga; R.A.No.48/2023 II Additional Senior Civil Judge JMFC Shivamogga decree 21.07.2025; appeal disposed; liberty to file comprehensive suit for declaration and consequential relief.
What did the court decide?
No relief to the appellant; regular second appeal disposed of at admission stage without framing any substantial question of law, with liberty granted to file a fresh comprehensive suit for declaration and other consequential relief to prove the identity of the property.