High Court Karnataka High Court

Hanumakka vs Shanthaveeramma on 28 August, 2009

Karnataka High Court
Hanumakka vs Shanthaveeramma on 28 August, 2009
Author: Dr.K.Bhakthavatsala
RSA N0. I295/2008

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 29% DAY OF AUGUST 2009' 
BEFORE __ _ A it
THE HON'BLE DR. JUSTICE K.BHAKTHAxrA1fsA§;A , 3
REGULAR SECOND APPEAL NO'u129:5'/20208 'V C 2}
BETWEEN: A 2' 2' 2 2
Srrit. Hanumakka,
W/o late Pathalingappa, 
Age: 52 years, A '_ g_
Residing at Somaguddu Village, at

Kasaba Hob1i--5'77 522, " ._ .
Challakere Taluk,  _   * 

Chitradurga District.   A  Appellant
{By Sri B M Siddappa,l:.Ad{%;.,':'for   A

AND: """ " A  A it 2

Smt. ShanthaVe'erainIna,lV 'Ta   _ 

W/0 Byerjjanavar »Shivanr:a,'"y ' ,\ 

Age: 40 years, .. * V   "

Residing at Soniaguddu _\{'il1age--'577 522.

Kasaba  E   "  ..... <4 ;

Challakere 'l"21lulr,' p_ ~

Chitraduifga..Distr1ct'.«,   Respondent

_.w_

'This  Second Appeal is filed under Section 100 of the Code

" '~Procedu.r_e', against the judgment and decree dated 22.2.2008

pass'ed*,in A No.32/2003 on the file of Civil Judge (Sr. DiVn.),

ChalleI&e._rc,_p_d:smissing the Appeal and confirming the judgment and
~  "»._d.ecreej.dated"25.3.2003 passed in O S No.179/2000 on the file of the
 Ad'dl..VCiv:i1? Judge {Jr. Divn.), Challakere.

This Appeal coming on for Admission this day, the Court delivered

at ' " ~ .  "following:



RSA NO1295/2008

The plaintiff challenged the trial Court judgment and decree in
R A No.32/2003. The lower Appellate Court, after hearing arguments,

perusing evidence and material placed on record, came to aV'co_'n.clusion

that there was no merit in the Appeal and dismissed theA4"Appeal;"  his

impugned in this Appeal,   

4. Learned trial Judge has held that th'ere'was cause"
and the plaintiff failed to prove that'V"i'th'ere tAIa's.V_ir1terfei'erlce'V by the
defendant with respect to ~..pproperty."T The lower
Appellate Court has confirmed    Court. There is a
concurrent finding on;   of law arises for

consideration in this  , 

5. In the :':jest1lt,Altlo{e r'&ppega1vi.faivls and the same is hereby dismissed.

   sd/gt
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