Sriramappa S/O Late Venkataramappa v. Ramappa Since Deceased by Lrs
Case brief
What is this about?
Renumbering of survey numbers; identity of suit property; Sy.No.1 renumbered as Sy.No.47 and Sy.No.62; Form No.6/record of rights presumptive value rebutted by ADLR endorsement; Ex.P9 versus Ex.D23; Court Commissioner report Ex.C-4 and map Ex.C-5; additional evidence after remand on framed additional issues; substantial question of law on variance of boundaries in Ex.P1, P2, P6; Section 96 CPC duty of first appellate court to discuss evidence; grant to Seetaramaiah Shetty; sale deeds dated 01.02.1962 and 18.08.1986; declaration of title and injunction suit dismissed; unauthorized occupation of Government waste land Sy.No.47; High Court of Karnataka; Anant Ramanath Hegde, J.; RSA Nos. 2249 and 2072 of 2006.
What did the court decide?
Both Regular Second Appeals allowed. The judgment and decrees dated 15.04.2006 in R.A.No.58/2002 and R.A.No.82/2002 (Fast Track Court-III, Kolar) and the judgment and decree in O.S.No.21/1992 (Civil Judge, Junior Division, Srinivasapura) are set aside; consequently the plaintiff's suit in O.S.No.21/1992 is dismissed. Liberty reserved to the plaintiff to seek appropriate relief in respect of any property other than the suit property purchased under the registered sale deed dated 18.08.1986, but no liberty is granted to file a fresh suit on the subject matter of the present suit. No order as to costs.