Karnataka Court June 2012 Judgments

Bommanayaka Vs. Bommanayaka and Others

Court: Karnataka

Reported in: 2012(3)KCCR2175

(Prayer: RSA No.1384/2009 is filed under S.100 of CPC against the Judgment and Decree dated 24.02.2009 passed in R.A.No.85/2007 on the file of the Civil Judge (Sr.Dn.) at Sira, dismissing the appeal and modifying the Judgment and Decree dated 6.11.2007 passed in O.S.No.45/2004 on the file of the Civil Judge (Jr.Dn.) and JMFC., Sira.)1. Appellant was the plaintiff in O.S.No.45/2004 on the file of Civil Judge (Jr.Dn.) and JMFC at Sira. Suit was filed against the respondents – defendants for declaration of title and for perpetual injunction in respect of a site bearing Katha No.68/78 (Old No.105/73) measuring 4 x 20 yards (12 x 60 feet) situated at Seebi, Kallambella Hobli, Sira Taluk. For convenience, the parties would be referred to hereinafter with reference to their rank in Trial Court.2. In brief, the case of the plaintiff is as follows:The suit property, which was an ancestral and joint family property, fell to his share in a family partition and the katha of the same stands i...

T.P. Basavaraju Vs. Central Bureau of Investigation

Court: Karnataka

(Prayer: RSA No.1384/2009 is filed under S.100 of CPC against the Judgment and Decree dated 24.02.2009 passed in R.A.No.85/2007 on the file of the Civil Judge (Sr.Dn.) at Sira, dismissing the appeal and modifying the Judgment and Decree dated 6.11.2007 passed in O.S.No.45/2004 on the file of the Civil Judge (Jr.Dn.) and JMFC., Sira.)1. Appellant was the plaintiff in O.S.No.45/2004 on the file of Civil Judge (Jr.Dn.) and JMFC at Sira. Suit was filed against the respondents – defendants for declaration of title and for perpetual injunction in respect of a site bearing Katha No.68/78 (Old No.105/73) measuring 4 x 20 yards (12 x 60 feet) situated at Seebi, Kallambella Hobli, Sira Taluk. For convenience, the parties would be referred to hereinafter with reference to their rank in Trial Court.2. In brief, the case of the plaintiff is as follows:The suit property, which was an ancestral and joint family property, fell to his share in a family partition and the katha of the same stands i...

Smt. Lucy Pinto and Others Vs. Glary D’souza

Court: Karnataka

Reported in: 2012(3)KCCR2182

(Prayer: This RSA is filed under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 30.07.2007 passed in Regular Appeal No.208/2004 on the file of the II Additional Civil Judge (Senior Division), Mangalore D.K., dismissing the appeal and confirming the Judgment and decree dated 30.10.2004 passed in Original Suit No.424/2004 on the file of the Principal Civil Judge (Junior Division), Mangalore.)1. Appellant has called in question the legality of the Judgment and Decree passed on 30.07.2007 in R.A.No.208/2004 by the learned Civil Judge (Sr.Dn.), Mangalore D.K., confirming the Judgment and Decree dated 30.10.2004 passed in O.S.No.424/2004 by the learned Civil Judge (Jr.Dn.), Mangalore, D.K., dismissing the suit filed by the appellant.2. The material facts in a nutshell are as follows:-O.S.No.424/2004 was filed by the appellant/plaintiff, to pass permanent mandatory injunction directing the defendant/respondent to close the opening made by the defendant on the...