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2017 Supreme(SC) 1138

A.M.SAPRE, NAVIN SINHA
C. Venkata Swamy – Appellant
Versus
H. N. Shivanna (D) by L. R. – Respondent


JUDGMENT :

Abhay Manohar Sapre, J.

1. These appeals are filed by the plaintiff against the final judgment and order dated 02.11.2006 passed by the High Court of Karnataka at Bangalore in Regular First Appeal Nos.158 and 159 of 2005 whereby the High Court dismissed the appeals filed by the appellant herein

2. The facts of the case lie in a narrow compass. Even the issue arising in these appeals is a short one. It would be clear from the facts mentioned hereinbelow.

3. The appellant is plaintiff in O.S. No. 6640/1996 and defendant in O.S. No. 2150 of 1992 whereas the respondents are defendants in O.S. No. 6640/1996 and plaintiffs in O.S. No. 2150 of 1992 in the suits out of which these appeals arise.

4. The appellant filed a suit being O.S. No. 6640/1996 in the Court of City Civil Judge, Bangalore against the respondents for a declaration and permanent injunction in relation to the land described in detail in the plaint (hereinafter referred to as "suit land") whereas original respondent No.1 also filed a cross suit being O.S. No. 2150 of 1992 against the appellant in relation to the suit land.

5. Both the suits were clubbed together for their disposal because both were between the same pa































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