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1997 Supreme(SC) 479

G.T.NANAVATI, K.RAMASWAMY
Dokka Samuel – Appellant
Versus
Jacob Lazarus Chelly – Respondent


Order

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment of the learned single Judge, made on February 29, 1996 in R.S.A. No. 90/1983 by the Karnataka High Court. The respondents had filed a suit in the trial Court for declaration that he had purchased two plots bearing Nos. 307 and 308 admeasuring 40 x 31 in Hubli town and for recovery of possession on the plea that the appellant has no manner of right whatsoever to interfere with his possession. The trial Court dismissed the suit. On appeal, it was decreed. In the second appeal, the learned Judge confirmed the same. But in the review application, the single Judge reheard the matter and reversed the decree of the appellate Court and confirmed that of the trial Court. Thus, this appeal by special leave.

3. It is seen that by an order passed by this Court on 24th November, 1995, liberty was given to the appellant, in the event of the High Court reviewing the order on merits against him, to agitate his rights in this Court. The question is: whether the High Court was justified in reviewing the earlier order and reversing the finding recorded by the appellate Court? It



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