High Court Karnataka High Court

Inderjeet S/O Veersangappa vs B Premnath S/O Annarao Biradar on 19 January, 2010

Karnataka High Court
Inderjeet S/O Veersangappa vs B Premnath S/O Annarao Biradar on 19 January, 2010
Author: H.N.Nagamohan Das


……”]………

3. To what relief the

parties are entitled?

4. What order or decree?

Additional issues:

2(a) Whether the euie”oe the.

plaintiffs is within 1imitatioa§l§u-
20:) Whether of”th_e
plaintiffs hit by ~–.._p_1.’i~n’ciple
of resrjudicatfi? ill» ii’ i

9. On ceetj:e.wet, :1-the “‘suit_i0–‘.’S-…1sIo.90/88 came to
be dismissedfl and ‘the gappeal Vfiled against the
said Zijudgment idin ;]R.A ho 15/2000 was also
dismissed as withdrawn, Thereby the judgment and

decree in .0.S;No}§O%§8 had become final and

*;_binding on the parties. The trial Court dismissed

o,,s..No1;.2’3oyt9’3 .__on 26.6.2003. On the date of the

judgment of the trial Court, there was judgment

t in 5hStNoX§O/88 and the same was not taken into

kaccnsideration by the trial Court. Therefore, the

fgpieeef appellate Court while reconsidering the

l’~matter noticed the fact that the appeal filed by

the defendant in R A.No.l5/2000 was also

dismissed. In the circumstances, the lower

appellate Court is right in passing the impugned

;’
€a””:§!z”\x;i”

#10-

14. In the circumstances, I fine’ no
substantial question of law that arises sfqr
consideration in this second appea;§Vufo§lIthe.
reasons stated above anew’ with~ oghé : abofe”

observation, the appeal is hereby flismissefl;p_ v~e

fii\JUDGE

BSC