Sri K R Eregowda v. Sri Basavaraja
Case brief
What is this about?
NC: 2025:KHC:37055 - RSA No.433 of 2015 (INJ), High Court of Karnataka at Bengaluru, E.S. Indiresh, J., decided 16 September 2025. Second appeal by the plaintiff (K.R. Eregowda) against the First Appellate Court's part-allowance modifying the suit-schedule boundaries in a permanent-injunction suit resting on grant certificate Ex.P1 (Survey No.102, Hullekere village, Gandasi hobli, Arasikere taluk, Hassan district). Key terms: permanent injunction; grant certificate; modification of boundaries by first appellate court; Order XLI Rule 31 CPC; Order 41 Rule 27; perversity; Ex.D1 survey sketch; declaratory relief. Outcome: appeal allowed; R.A. No.37 of 2009 decree (18.12.2014) set aside; O.S. No.118 of 2007 decree (09.04.2009) confirmed; plaintiff's suit decreed.
What did the court decide?
Regular Second Appeal allowed; judgment and decree dated 18th December, 2014 in Regular Appeal No.37 of 2009 set aside; judgment and decree dated 09th April, 2009 in Original Suit No.118 of 2007 confirmed; suit of the plaintiff decreed.