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KARNATAKA HIGH COURT
M.G.S. KAMAL, J
SRI. SHIVRUDRAPPA @ SURESH BASAPPA BEVINKOPPA – Appellant
Versus
SRI. BALANAGOUDA SHIVANGOUDA PATIL – Respondent
| Table of Content |
|---|
| 1. overview of plaintiff's claim for injunction based on an old sale agreement. (Para 1 , 3) |
| 2. court's findings on claims of ownership and maintainability of the suit. (Para 4 , 5) |
| 3. discussion on delay in appeal and insufficient cause presented by plaintiffs. (Para 8 , 9 , 11) |
| 4. court's conclusion affirming lower court's dismissal based on legal principles. (Para 12) |
(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)
1. This appeal is by the plaintiffs being aggrieved by the judgement and decree dated 11.12.2012 passed in OS No.226/2010 on the file of Principal Civil Judge and Principal JMFC, Dharwad (for short, ‘Trial Court’), by which the suit of the plaintiffs came to be dismissed which is confirmed by the judgement and order dated 25.04.2017 in RA No.5/2013 on the file of Principal Senior Civil Judge and CJM, Dharwad (for short, ‘First Appellate Court’). 2. Plaintiffs have filed the above suit seeking relief of permanent injunction against the defendants in respect of suit property in land bearing Plot No.296/2 (old RS No.207) measuring 11.33 acres situated at Kalageri village, taluk Dharwad, on the premise that one Hanumanthgouda Laxmangouda Patil had executed an agree
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