High Court of Karnataka Hears Multiple Regular First Appeals Against Dismissal of Partition Suit in O.S. No. 1949/80. Appeals Filed Under Section 96 of Code of Civil Procedure, 1908, Challenging Trial Court's Rejection of Claim for Partition and Separate Possession.

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

KAHC010331982002_1

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Case Details

2013 LawText (KAR) (03) 5

R.F.A. No. 611/2002 c/w R.F.A. Nos. 612/2002, 613/2002, 710/2002, 711/2002, 712/2002 & 504/2002

2013-03-01

Justice Aravind Kumar

V.B.Ravishankar, A.Vijaya Kumar Bhat, Shanmukappa, Rehamathulla Shariff, S.K.V.Chalapathy, Srinivas, Ramesh Rao, Jagadeesh Goud Patil

Vishwaraj, Paripoorni (in RFA 611/2002); B.M. Maranna, B.C. Narayana (in RFA 612/2002); B.M. Byrappa (since deceased) through LRs (in RFA 613/2002)

B.M.Byrappa (since deceased) through LRs, K.J.Muralidhar, Nagabhushanam Naidu, N. Rukmini Devi, Shakuntala Devi, K.J. Jayalakshmi, B.C. Hanumanthappa, B.C.Ganganna, B.M. Maranna, B.V. Nagaraj, B.C. Narayana, Abdul Rahim Khan, Jayadev, Haseena Begum, Nawabjan, S. Tajunnissa, John Moses @ Madan Kumar, and others

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Nature of Litigation

Suit for partition and separate possession

Remedy Sought

Decree of partition and separate possession of suit property

Previous Decisions

Suit dismissed by XXVIII Addl. City & Sessions Judge, Mayo Hall, Bangalore on 29.1.2002 in O.S. No. 1949/80

Procedural History

Suit O.S. No. 1949/80 for partition and separate possession filed before XXVIII Addl. City & Sessions Judge, Mayo Hall, Bangalore was dismissed on 29.1.2002. Multiple regular first appeals under Section 96 CPC were preferred before the High Court of Karnataka, which were clubbed and heard together.

Acts & Sections

  • Code of Civil Procedure, 1908: Section 96, Order 41 Rule 5
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