THE HIGH COURT OF KARNATAKA
VIBHU BAKHRU, CJ, C.M. POONACHA, J
KALAPPA SINCE DECEASED, BY HIS LRS – Appellant
Versus
SMT. NAGAMMA W/O LATE VENKATARAYAPPA – Respondent
| Table of Content |
|---|
| 1. misapplication of law in absence of evidence. (Para 1 , 2 , 3 , 4 , 5) |
| 2. failure to provide original records affects case. (Para 6 , 12 , 22) |
| 3. invalidity of transactions post significant delay in claims. (Para 21 , 27 , 30) |
C.A.V. JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
INTRODUCTION
1. The appellants have filed the present appeal impugning an order dated 17.11.2004 passed by the learned Single Judge of this Court in W.P.No.7988/2002 (SC/ST).
2. The said writ petition was preferred by the legal representatives of one Doddathammaiah who belongs to Bovi community, inter alia, impugning an order dated 15.10.2001 [the Appellate Order] passed by respondent No.8 [Deputy Commissioner] in Case No.(LND.SC/ST(A)8/2000-01). The Deputy Commissioner, in terms of the Appellate Order, allowed the appeal preferred by the appellants-predecessors in interest.
3. The dispute in this appeal primarily concerns land measuring 5 acres and 11 guntas situated in Survey No.27 of Doddasagarahalli village, Devanahalli Taluk, [the subject land]. The petitioners in the case assert that the subject land was granted to Sri Thimmaiah [the original grantee], a resident of Singavara Vill
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