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2015 Supreme(SC) 905

KURIAN JOSEPH, ARUN MISHRA
Sharadamma – Appellant
Versus
Mohammed Pyrejan (D) through LRs. – Respondent


JUDGMENT

ARUN MISHRA, J.

1. Heard learned counsel for the parties.

2. Leave granted.

3. This is an appeal against the judgment and order dated 24.9.2013 passed by the High Court of Karnataka at Bangalore in Regular First Appeal No.1735 of 2011, dismissing the appeal filed by the plaintiff-appellant on the ground that she had released her interest in the suit property in favour of her daughter Smt. Padmavathi on 11.4.2011 and said Padmavathi, in turn, had transferred the property in favour of Mr. G.R. Ramesh vide sale deed dated 20.4.2011. Consequently, she had lost her right to continue the appeal preferred as against dismissal of the suit vide judgment and order dated 16.6.1990.

4. The facts, in brief, indicate that Sharadamma, plaintiff-appellant had filed Original Suit No.6020 of 1998 on 5.8.1998 for the purposes of declaration of title and for restoration of possession on the strength of registered sale deed dated 10.11.1965. The plaintiff had also claimed a sum of Rs.3,000/-towards past damages and a further sum of Rs.20/-per day as continuing damages. The suit was dismissed by the trial court against which the plaintiff had preferred regular first appeal before the High Court














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