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1990 Supreme(Kar) 273

K.A.SWAMI, N.D.V.BHATT
GOUDAPPA APPAYYA PATIL – Appellant
Versus
SHIVARI BHIMAPPA PATTAR` – Respondent


Advocates:
H.F.M.REDDY, J.S.GUNJAL, S.K.Joshi

K. A. SWAMI, J.

( 1 ) THIS appeal by plaintiff-1 is preferred against the Judgment and decree dated 1-4- 1980 passed in R. A. No. 99/1976 by the Principal Civil Judge, Chikodi confirming the Judgment and decree dated 25-8-1976 passed in O. S. No. 24/1973 by the Principal munsiff, Hukeri.

( 2 ) RESPONDENT-1 is the defendant and respondent-2 is plaintiff-2. The appeal is referred to a Division Bench on the ground that it involves a question as to whether the doctrine of lis pendens could be extended to a proceeding before a High Court under Articles 226 and 227 of the Constitution.

( 3 ) THE appellant and respondent-2 have filed the aforesaid suit for a declaration that they are the owners of the land bearing Block No. 68 measuring 3 acres 36 guntas, phot kharab 16 guntas, situated at Hatti Alur village in Hukeri Taluk and for a permanent injunction restraining the defendant and the persons claiming through him from disturbing the plaintiffs of their peaceful possession and enjoyment of the suit land.

( 4 ) THE plaintiffs claim that one Sri Revaji Revappa Pattar (hereinafter referred toas Revaji) was the owner of the suit land. He sold the same to the plaintiffs on 27-8-1966 under a



















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