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2007 Supreme(Kar) 683

V.JAGANNATHAN
V. SIDDAMMA – Appellant
Versus
BIDARI SADYOJATHAPPA – Respondent


Advocates appearing for
Appellant : Sri B.K.Manjunath, Adv.
Respondents: Sri S.M. Patil, Adv. for Sri Jayakumar S Patil, Advs.

JUDGMENT

Jagannathan, J.

The appellant herein was the petitioner before the trial court in miscellaneous case No.154/1984 and the petition filed under Section 144 of CPC by her for restoration of suit schedule properties and also for compensation or damages for illegal occupation by the respondents before the trial court was allowed in part and against the said order passed by the trial court, the respondents preferred R.F.A.No. 586/87 before this court and subsequent to transfer of the appeal to the District Court and being further transferred to the lower appellate court it was numbered as R.A.No. 76/2000 and the lower appellate court, after considering the contention urged before it by the respondents, came to the conclusion that the trial court could not have entertained the petition filed under Section 144 of the CPC as the necessary ingredients were not fulfilled and consequent to the said finding, the appeal preferred by the respondents was allowed and the order passed by the trial court in Misc.case No. 154/84 was set aside and the petition filed under Section 144 of CPC also came to be dismissed. Aggrieved by the dismissal of the petition by the Court below, the petitioner




























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