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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
C.M.JOSHI
Kumar Nagesh Joga Bhat – Appellant
Versus
Khasagi Devi Ahlyabai Holkar Charities Trust, Manikbhag, Indore – Respondent
| Table of Content |
|---|
| 1. overview of the plaintiff's claim for possession. (Para 2) |
| 2. the defendant's written statement and claims. (Para 3 , 4) |
| 3. trial court's ruling on issues presented. (Para 6 , 7) |
| 4. arguments from the appellant's counsel on jurisdiction. (Para 10 , 11 , 12) |
| 5. ruling on acceptable grounds of jurisdiction. (Para 24 , 26) |
| 6. conclusions on the tenancy and the issues at hand. (Para 27 , 28 , 29) |
| 7. final dismissal of the appeal. (Para 31 , 32) |
JUDGMENT :
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
This appeal arises out of the concurrent findings of the Trial Court and the First Appellate Court in O.S.No.5/2009 dated 21.03.2013 and R.A.No.19/2013 dated 20.08.2018 whereby the suit filed by the plaintiff came to be decreed and confirmed.
2. The factual matrix of the case that is relevant for the purpose of this appeal is as below:
2.1. The respondents, who are the plaintiffs before the Trial Court, filed the suit seeking the possession of the suit schedule property by ejectment of the defendant from the suit schedule property. The plaintiff is a Trust under the name and style ‘Khasagi Devi Ahalyabai Holkar Charities Trust’ situated at Indore and some of its properties are situated
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