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High Court of Karnataka Allows Appeal in Property Dispute Case Due to First Appellate Court's Failure to Consider Evidence Properly. Remand Order Set Aside as Appellate Court Exceeded Its Powers Under Order XLI Rule 23 CPC Without Recording Satisfaction That Decree Was Unsustainable.

The appellant (defendant) challenged the judgment and decree dated 14.08.2012 passed by the Senior Civil Judge, Shorapur, in R.A.No.11/2011, which all...