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2016 Supreme(SC) 1425

V.GOPALA GOWDA, UDAY UMESH LALIT
Shrikrishna Vijaya Saw Mill Rep. By Its Partners – Appellant
Versus
Subhash @ Maharudra – Respondent


Advocates Appeared:
For the Appellant : S.N. Bhat, AOR
For the Respondents:Nishanth Patil and B. Subrahmanya Prasad, Advocates.

ORDER :

Leave granted.

2. Heard learned counsel for the parties.

3. Aggrieved by the judgment and order dated 9.10.2013 passed by the High Court of Karnataka, Dharwad Bench, in Regular Second Appeal No. 5694 of 2010 whereby the High Court affirming the finding of fact recorded by the first appellate court set aside the judgment and decree dated 10.08.2005 in Original Suit No. 219/1998 passed by the Additional Civil Judge (Jr. Division), Nipani, the plaintiff-appellant through its partners is before this Court, challenging the same on various legal grounds.

4. The facts, in brief, are that the plaintiff-appellant herein filed a suit for permanent injunction against the original defendant, namely, Bayavva (since deceased) through her legal representatives contending inter alia that the suit schedule property was taken on lease by the predecessor of the plaintiff/appellant-firm as a tenant. The Trial Court decreed the said suit in favour of the plaintiff-appellant recording a categorical finding on the basis of oral and documentary evidence placed before it that the plaintiff-firm is entitled for relief of permanent injunction and the legal representatives of the deceased defendant and an







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