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CASE NO.:

Appeal (civil) 3594 of 2006

PETITIONER:

T. Anjanappa and Ors

RESPONDENT:

Somalingappa and Anr

DATE OF JUDGMENT: 22/08/2006

BENCH:

ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

JUDGMENT:

J U D G M E N T

(Arising out of SLP (C) Nos. 24307-24308 of 2004)

ARIJIT PASAYAT, J

Leave granted.

Challenge in these appeals is to the correctness of the

judgment rendered by a learned Single Judge of the Karnataka

High Court allowing in part two Second Appeals filed by the

respondents in the present appeals.

Background facts in a nutshell are as under:

Two appeals were filed before the High Court against the

judgment and decree passed by Civil Judge, Senior Division,

Bellary in RA No.15/94 and RA No.16/94 arising out of

O.S.No.168/85 and O.S.No.286/88 respectively on the file of

Principal Munsiff, Bellary. O.S.No.168/85 was filed by the

appellants. They filed a suit for declaration of title in respect

of the suit schedule property described as a house site

measuring 25’ x 75’ pictorially described in the rough sketch

accompanying the plaint and which form part of CTS

No.373/3A/1A/2/B in Block No.XXI