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2015 Supreme(SC) 914

V.GOPALA GOWDA, AMITAVA ROY
CITY MUNICIPAL COUNCIL BHALKI,BY ITS CHIEF OFFICER – Appellant
Versus
GURAPPA (D) BY LRs – Respondent


JUDGMENT

V. GOPALA GOWDA, J.

Leave granted in the Special Leave Petitions.

2. The present appeals arise out of the common impugned judgment and order dated 15.07.2005 passed by the High Court of Karnataka at Bangalore in Regular Second Appeal Nos. 1053, 1054, 1055, 1056 and 1057 of 2001, whereby the High Court set aside the judgment and order dated 22.09.2001 passed by the Additional District and Sessions Judge, Bidar in RA Nos. 9, 10,11,12 & 13 of 1997.

3. The facts which are required to appreciate the rival legal contentions urged on behalf of the parties are stated in brief hereunder:

The plaintiff-deceased respondent no.1 herein (since died during the pendency of these appeals, is being represented by his LRs i.e. respondent Nos. 1a to 1g) had filed a suit O.S. No. 255 of 1984 before the Additional Civil Judge (Sr. Divn.), Bidar against the Deputy Commissioner, Bidar for declaration that he is the owner of the land bearing Sy. No. 183 measuring 1 acre 13 guntas and Sy. No. 184 measuring 4 acres 9 guntas which are arising out of the old Sy. Nos. 249 and 250 situate at Bal





















































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