Case Note & Summary
The dispute involves a regular second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the appellants (original defendants) before the High Court of Karnataka, Dharwad Bench. The appellants sought to set aside the judgment and decree dated 09.10.2009 passed by the Principal District Judge, Dharwad, in R.A.No.53/2007, which had allowed the plaintiffs' first appeal and decreed their suit for declaration of ownership and possession of suit schedule 'A' property (CTS No.205, 54 sq. yds., house in Bara Imam Galli, Dharwad). The original suit, O.S.No.193/1993, was filed by the legal heirs of Jamaluddin against the legal heirs of Abdul Wahab, claiming that Jamaluddin purchased the property in 1951 and permitted his younger brother Abdul Wahab to reside as a licensee, which license was later terminated. The defendants contended that Abdul Wahab had been in possession as owner since 1956, had perfected title by adverse possession, and that the suit was barred by limitation and the Slum Clearance Act. The trial court dismissed the suit on 09.08.2007, directing payment of deficit court fee. The first appellate court reversed that decision, declared the plaintiffs as absolute owners, and directed the defendants to vacate. Aggrieved, the defendants instituted the present second appeal. The High Court heard the appeal and reserved it for judgment on 08.04.2026, and pronounced judgment on 27.04.2026. However, the available text of the judgment does not contain the court's reasoning, findings, or operative order; therefore, the final outcome of the second appeal cannot be determined from the provided excerpt.
Issue of Consideration
Case Details
2026 LawText (KAR) (04) 57
Sri A.A. Kalebude, Sri Ahmed Ali Rahim Shah, Sri R.K. Kulkarni, Sri M.R. Mulla, Sri Anwar Basha, Sri Ashok S. Karamadi, Sri M.B. Hiremath
Smt. Aaisha, Sri Riyazahamed, Sri Irshad Ahamed, Mr. Ayazahamed
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 against the judgment and decree of the First Appellate Court in a suit for declaration of ownership and possession.
Remedy Sought
Appellants (defendants) prayed for setting aside the judgment and decree dated 09.10.2009 in R.A.No.53/2007 passed by the Principal District Judge, Dharwad, and for confirmation of the judgment and decree dated 09.08.2007 passed in O.S.No.193/1993 by the Trial Court dismissing the suit.
Filing Reason
Appellants were aggrieved by the First Appellate Court's reversal of the Trial Court's dismissal and decreeing the suit in favor of plaintiffs, which directed them to vacate the property.
Previous Decisions
Trial Court (Principal Senior Civil Judge and CJM, Dharwad) in O.S.No.193/1993 dismissed the suit on 09.08.2007 with costs, directing payment of deficit court fee. First Appellate Court (Principal District Judge, Dharwad) in R.A.No.53/2007 allowed the appeal on 09.10.2009, set aside the Trial Court's judgment and decree, and decreed the suit declaring plaintiffs as absolute owners and directing defendants to hand over vacant possession. The decree was not drawn by the Trial Court due to non-payment of deficit court fee.
Judgment Excerpts
This is the appeal filed under Section 100 of the Code of Civil Procedure, 1908...
Plaintiffs have filed the suit before the Trial Court praying for the relief of declaration that plaintiffs No.1 to 11 are absolute owners of suit ‘A’ schedule property; consequential relief of possession; for mesne profits; for court costs and for such other reliefs.
The Trial Court has dismissed the suit with costs and directed plaintiffs to file fresh valuation slip as per Ex.D.2 and to pay the regular deficit court fee within 15 days from the date of judgment...
Said first appeal was allowed and the entire judgment of Trial Court was set aside. Suit of plaintiffs was decreed with costs and plaintiffs No.1 to 11 were declared as absolute owners of suit schedule ‘A’ property and defendants were directed to vacate...
Aggrieved by said judgment and decree of first appellate court, defendants/appellants are before this Court.
Procedural History
Suit O.S.No.193/1993 filed before Principal Senior Civil Judge and CJM, Dharwad. Trial court dismissed suit with costs on 09.08.2007, directing payment of deficit court fee. Plaintiffs filed I.A. under Order XLI Rule 5 CPC and Order XX Rule 6-B CPC which were partly allowed; certified copies of judgment and decree were issued. Plaintiffs then filed first appeal R.A.No.53/2007 before Principal District Judge, Dharwad. The first appellate court allowed the appeal on 09.10.2009, set aside the trial court's judgment and decree, and decreed the suit, declaring plaintiffs as absolute owners and directing defendants to vacate. Aggrieved, defendants filed second appeal RSA No.5616 of 2009 under Section 100 CPC before High Court of Karnataka at Dharwad. The appeal was heard and reserved for judgment on 08.04.2026, and judgment was pronounced on 27.04.2026. Outcome of second appeal not provided in available text.
Acts & Sections
- Code of Civil Procedure, 1908: Section 100, Order XLI Rule 5, Order XX Rule 6-B
- Slum Clearance Act:
