High Court of Karnataka heard regular second appeals challenging concurrent lower court findings in a civil suit for declaration and injunction. The appeals were filed under Section 100 of the Code of Civil Procedure, 1908 against the judgments of the Senior Civil Judge, Channapatna.

High Court: Karnataka High Court Bench: BENGALURU
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Issue of Consideration

KAHC010265802023_1

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Case Details

2024 LawText (KAR) (12) 86

R.S.A.No.1004/2023 c/w R.S.A.No.1064/2023, R.S.A.No.1069/2023, R.S.A.No.1141/2023

2024-12-16

M.G.S. Kamal

Syed Akmal Hasan, Raghu Prasad B.S., Syed Roohulla M., Subhash Srinivasa Rangachar, Swathi Ashok

Syed Adil Basha Quadri (since dead) by LRs Syed Hasnal Mussanna Sha Khadri, Syed Israr Sha Khadri, Syed Vazeer Pasha, Syed Akhil Sha, Syed Azeez Pasha

Syed Azadullah (since dead) by LRs Syed Yaseen Pasha Khadri (since dead) by LRs Syed Salman, Syed Usman, Syed Taj Pasha, Syed Shahauallah and others, including Karnataka State Board of Waqfs and other private respondents

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Nature of Litigation

Civil suit for declaration and injunction

Remedy Sought

Appellants seek to set aside the judgments and decrees of the lower courts

Filing Reason

Aggrieved by the dismissal of their suit and the allowance of the counter claim by the lower courts

Previous Decisions

Original Suit O.S.No.92/1988 decided by Civil Judge and JMFC, Channapatna on 20.12.2019; First appeals R.A.No.19/2020, R.A.No.08/2020, R.A.No.07/2020 decided by Senior Civil Judge and JMFC, Channapatna on 27.02.2023

Procedural History

Original Suit O.S.No.92/1988 was filed before the Civil Judge and JMFC, Channapatna. Judgment and decree dated 20.12.2019. Appeals were filed before the Senior Civil Judge and JMFC, Channapatna in R.A.No.19/2020, R.A.No.08/2020, and R.A.No.07/2020. The lower appellate court dismissed the appeals and confirmed the original decree on 27.02.2023. The present regular second appeals were filed under Section 100 of the Code of Civil Procedure, 1908, and were heard on 16.12.2024.

Acts & Sections

  • Code of Civil Procedure, 1908 (CPC): Section 100
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