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Karnataka Court November 1953 Judgments

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Nov 13 1953

Srikantiah and anr. Vs. Honne Gowda and ors.

Court: Karnataka

Decided on: Nov-13-1953

Reported in: AIR1955Kant97; AIR1955Mys97; ILR1954KAR330; (1956)34MysLJ23

ORDER1. The question raised in this case is whether an order rejecting an application filed under Order 22, Rule 3, Civil P. C., for the respondents 1 and 2 being brought on record in place of a accessed petitioner, in an insolvency case is appealable.2. Two persons Ningamma and Thimme Gowda (sic) ed an application on 16-5-1944 in the Court of the Subordinate Judge, Mysore, for one Boriah being adjudged Insolvent, The case was registered as (sic) C. No. 16 of 1943-44 are an order of adjudication was passed thereby on 8-1-1945. Without referring to what happened in the course of the subsequent proceedings it is sufficient for the purpose of this case to state that an application (sic)A. No. VI was filed on 24-5-51 by the respondents 1 and 2 alleging that Thimme Gowda 2nd petitioner in I. C. No. 16/43-44 died in February, 1951 and that they being his son and widow respectively may be impleaded as his legal representatives. The 3rd respondent in the original petition who is an alienee fro...


Nov 03 1953

irani Basettappa Vs. Municipal Council Davangere City Municipality

Court: Karnataka

Decided on: Nov-03-1953

Reported in: AIR1955Kant76; AIR1955Mys76; (1956)34MysLJ61

1. O. S. No. 388/48-49 and O. S.No. 499/48-49 on the file of the Munsif of Davangere were brought by the Municipal CouncilDavangere City Municipality, and one EraniBasettappa respectively. In O. S. No. 388 of 48-49the Municipal Council prayed for a declarationof its title to a vacant piece of land measuring10 feet North to South and 100 feet East to westand for a permanent injunction restraining thedefendant from putting up any construction onit or otherwise interfering with the rights and possession of the plaintiff. In O. S. No. 499 of 48-49 the plaintiff Erani Easetappa prayed for a similar declaration that he was the owner of the same piece of land or in the alternative directing the Municipal Council to execute a sale deed conveying the same to him for the consideration of Rs. 500/- which had already been paid by him or for a proper title deed and for a similar injunction. Defendant 2 was impleaded in that suit as he was claiming some Interest in the site under a later grant from ...


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