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High Court of Karnataka Hears Regular Second Appeals Under Section 100 CPC Arising from Property Disputes. Appeals Challenged First Appellate Court Judgments Setting Aside Trial Court Decrees in O.S. No. 674/1992 and Connected Matters.

High Court: Karnataka High Court Bench: BENGALURU
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2026-09-14 19:20:23
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Issue of Consideration

KAHC010313002006_1

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Case Details

2019 LawText (KAR) (12) 43

R.S.A. No. 1787 of 2006 c/w R.S.A. Nos. 1788 of 2006, 1789 of 2006 & 1791 of 2006

2019-12-19

Hon’ble Mr. Justice S.R. Krishna Kumar

Sri. M.R. Rajagopal for Sri. S.N. Bhat for Appellants; Sri. K. Raghavendra Rao for Respondents

Smt. Bhadrunnisa and Others in R.S.A. No. 1787/2006; K. Abdul Rahim (since deceased by LRs) in R.S.A. Nos. 1788, 1789, 1791/2006

Khasim Sab S/O Khadar Sab and Others (including Usman Sab since deceased by LRs and others)

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Nature of Litigation

Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908 against judgments and decrees of the first appellate court.

Remedy Sought

Setting aside of the first appellate court's judgments and decrees and restoration of the trial court's decrees.

Filing Reason

Aggrieved by the first appellate court allowing the regular appeals and setting aside the trial court's decrees.

Previous Decisions

Trial court (II Addl. Civil Judge (Jr. Dn.) & JMFC, Bhadravathi) decreed the suits on 30.03.2005. First appellate court (Civil Judge (Sr. Dn.) & JMFC, Bhadravathi) allowed the regular appeals (R.A. Nos. 27/2005, 29/2005, etc.) on 18.03.2006, setting aside the trial court decrees.

Procedural History

Suits O.S. No. 674/1992 and connected matters were decreed by the II Addl. Civil Judge (Jr. Dn.) & JMFC, Bhadravathi on 30.03.2005. Regular Appeals R.A. No. 27/2005 and connected matters were allowed by the Civil Judge (Sr. Dn.) & JMFC, Bhadravathi on 18.03.2006, setting aside the trial court decrees. Aggrieved, the appellants filed Regular Second Appeals under Section 100 CPC before the High Court of Karnataka, which were heard together.

Acts & Sections

  • Code of Civil Procedure, 1908: Section 100
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Regular Second Appeal Section 100 CPC Reversal of Decree First Appellate Court Trial Court Decree

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