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1968 Supreme(Online)(Kar) 2

MYSORE HIGH COURT
K. Bhimiah, J.
Shivaraya v. Sharnappa


1. C. R. P. No. 577/1965 is directed against the order of the Principal Munsiff, Gulbarga, in case No. 237/2 of 1960 ordering that the respondent herein is entitled to restoration of possession of the suit lands. C. R. P. No. 583/1965 is directed against the order passed by the Civil Judge. Gulbarga, in Appeal No. 158/5 of 1964, reversing the order dated 25-8-1964 on the file of the Principal Munsiff, Gulbarga.

2. In C. R. P 577/1965 the petitioner is the plaintiff and the respondents are the defendants. In C. R. P. 583/1965 petitioners are defendants 2 and 4 and respondent 1 is the plaintiff and respondents 2 and 3 are defendants 1 and 3.

3. In both the C. R. Ps. common questions of fact and law arise out of the same suit pending before the Principal Munsiff, Gulbarga. Hence, they are heard and disposed of together.

4. Previous to the suit in question, the suit properties were subject matter of proceedings under S.145 Cr. P.C. In which defendants' possession was declared. Revisions filed before the Dist. Magistrate and also before the High Court were missed in the year 1959. In the meanwhile, the plaintiff filed a suit in C. S. 82/1/53-54 for declaration of his adoption and title




































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