KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR, J
SRI KRISHNAPPA AGED ABOUT 60 YEARS, S/O LATE SIDDAPPA AND SMT THIMMAKKA – Appellant
Versus
THE BENGALURU DEVELOPMENT AUTHORITY – Respondent
| Table of Content |
|---|
| 1. challenge to prior litigation outcome. (Para 1 , 2) |
| 2. nature of land and prior ownership claims. (Para 3 , 4 , 6) |
| 3. arguments regarding res judicata and trial necessity. (Para 7 , 8 , 9) |
ORAL JUDGMENT
2. Heard learned counsel appellants and learned counsel for the BDA and perused the material on record.
4. After hearing the parties, the trial Court proceeded to reject the plaint by primarily/heavily placing reliance upon the judgment of the Apex and thereby came to the conclusion that the appellant- plaintiff did not have any manner of right, title and interest or possession over the suit schedule properties and that the plaint was liable to be dismissed.
6. In addition to reiterating the various contentions urged in the memorandum of appeal and referring to the material on record, learned counsel for the appellant invited my attention to the plaint averments in order to point out that the appellant had not the suppressed the earlier round of litigation culminating in the aforesaid judgment of the Apex Court. In this context, it is submitted that it is the specific contention of the appellants-plaintiffs that the subject matter of dispute in the earlier round of liti
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