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2008 Supreme(SC) 824

TARUN CHATTERJEE, HARJIT SINGH BEDI
T. Thimmaiah – Appellant
Versus
Venkatachala Raju – Respondent


JUDGMENT

HARJIT SINGH BEDI,J.

1. In this appeal, the appellant challenges an order made in review whereby the first appeal, which had earlier been allowed by the learned Single Judge of the High Court, has now been dismissed. This matter arises out of the following facts:

2. The appellant herein, vide sale deed dated 27th December 1971, purchased a property bearing site No.6 in 3rd block, Muneshwara Block, Palace Guttahalli, Bangalore-3, and as per Schedule "A" and "B" with the plaint the property was identified by specific boundaries as well. On 26th October 1993 the appellant herein filed a suit for declaration and possession of the Schedule `B property which was in possession of the defendant respondent. The suit was contested by the defendant- respondent. The trial court however decreed the suit on 22nd January 1991. The defendant-respondent thereupon filed a first appeal in the High Court of Karnataka and the said appeal was dismissed by the learned Single Judge on 16th February 1999. The respondent thereafter filed a review petition on 14th November 1999. A notice was issued to the present appellant in the review application and objections were filed thereto as well. The learne


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