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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
S.SUNIL DUTT YADAV, RAJESH RAI K, JJ
S. VEERESH S/O RACHANNA – Appellant
Versus
S. SUGANNA SINCE DECEASED BY LRS. – Respondent
| Table of Content |
|---|
| 1. overview of appeals against lower court judgment (Para 1 , 2 , 3) |
| 2. parties' genealogical claims and backgrounds (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. trial court's issue framing and findings (Para 17 , 18 , 20 , 21) |
| 4. court's determination of issues raised on appeal (Para 29 , 30 , 31 , 32) |
| 5. legal interpretations on background and evidence (Para 39 , 41) |
| 6. nature and scope of counter-claim interpretation (Para 46 , 50) |
| 7. rejection of application for additional evidence (Para 62) |
JUDGMENT
(PER: HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)
I. BRIEF FACTS:-
The present appeals are filed by the plaintiff challenging the judgment and decree dated 17.12.2011 passed in O.S.No.120/2007 by the Court of Prl. Senior Civil Judge, Raichur, whereby suit of plaintiff was dismissed and counter-claim allowed declaring defendant no.1 to be the absolute owner of properties described in the Schedule of counter-claim and restraining the plaintiff and his agents from interfering with the possession of counter-claim property of defendant no.1.
2. RFA No.6013/2012 is filed challenging the dismissal of suit in O.S.No.120/2007, while RFA No.200087/2023 is filed against the al
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