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2018 Supreme(SC) 447

R.K.AGRAWAL, A.M.SAPRE
Eureka Builders – Appellant
Versus
Gulabchand s/o Veljee Dand Since Deceased by L. Rs. – Respondent


Advocates Appeared:
For Appellant(s) : Rajeev Singh, Adv.
For Respondent(s): Balaji Srinivasan, Anjana Chandrashekar, Ranbir Singh Yadav, Raghavendra S. Srivatsa, Advs.

JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted.

2) These appeals arise from the common final judgment and order dated 30.09.2015 passed by the High Court of Karnataka, Circuit Bench at Dharwad in R.F.A. Nos.100017 of 2015, 100018 of 2015, 100016 of 2015 and 100099 of 2015, whereby the Division Bench of the High Court disposed of the appeals by allowing the plaintiff’s appeal and accordingly modified the finding of the Trial Court as regards the status and the ownership rights of the plaintiff in the suit land and held that the plaintiff is the owner of the suit land and is, therefore, entitled to claim his 1/5th share in it along with defendants Nos.1 to 4, who are legal representatives of late Shah Veljee Kanjee.

3) In order to appreciate the issues involved in these appeals, it is necessary to set out the background facts, which led to filing of the suit by the predecessor-in-title of respondent Nos.1 and 2 and now represented by respondent Nos. 1 and 2 against the appellants and remaining respondents No.3 to 34 herein out of which these appeals arise.

4) The case has a history of litigation as it would be clear from the narration of the facts stated hereinbelow. The facts mention















































































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