Sri Syed Akbar vs Sri Nehru
2023 Latest Caselaw 5955 Kant

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                                                      NC: 2023:KHC:30327
                                                  RFA No. 255 of 2009




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 24TH DAY OF AUGUST, 2023

                                     BEFORE
                    THE HON'BLE MR JUSTICE V SRISHANANDA
                     REGULAR FIRST APPEAL NO. 255 OF 2009
            BETWEEN:

            1.   SRI SYED AKBAR
                 S/O. LATE SYED ISMAIL
                 AGED ABOUT 49 YEARS
                 R/AT NO. 8, RUDRAPPA COMPOUND
                 H S ROAD, BANGALORE 560 002.
                                                             ...APPELLANT
            (BY SRI. ASHUTOSH MISHRA, ADVOCATE FOR
                  SRI.VISHNU HEGDE, ADVOCATE)


            AND:

            1.   SRI NEHRU
                 AGED ABOUT 51 YEARS
Digitally        R/AT NO. 61/2, NEXT TO FIROZ MAZIL
signed by
MALATESH         NEW GURUPPANA PALYA
KC
                 (SWAMINATHAN ARDEN)
Location:
HIGH             BANGALORE-560 029.
COURT OF
KARNATAKA                                                  ...RESPONDENT
            (SERVED BUT UNREPRESENTED)

                 THIS RFA IS FILED U/S 96 R/W ORDER LXI RULE 1 OF
            CPC,    AGAINST THE JUDGMENT AND DECREE DATED
            20.12.2008 PASSED IN OS.NO.7846/2004 ON THE FILE OF THE
            XVI ADDL.CITY CIVIL JUDGE, BANGALORE, DISMISSING THE
            SUIT FOR POSSESSION AND MESNE PROFIT.
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                                                   NC: 2023:KHC:30327
                                               RFA No. 255 of 2009




     THIS APPEAL IS COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                            JUDGMENT

Heard Sri. Ashitosh Mishra for Vishnu Hegde on

23.08.2023, this Court dismissed I.A.No.1/2016 noting that in

respect of suit property, there is a sale deed on 19.04.2014.

The suit for possession filed by the plaintiff in

O.S.No.7846/2004 came to be dismissed by judgment dated

20.12.2008.

2. The validity of the said judgment and decree is

challenged before this Court in this appeal.

3. Since there is a clear averment made by the

plaintiff - appellant in the affidavit in support of I.A.No.1/2016

that there is a sale deed executed by the defendant in favour of

Sri Abdul Basheer. It is always open for the appellant/plaintiff

to take recourse to law for redressal of grievances if any by

filing appropriate proceedings against subsequent purchaser.

4. Reserving such liberty for the appellant, nothing

further needs to be adjudicated in the present appeal.

Accordingly, following:

NC: 2023:KHC:30327 RFA No. 255 of 2009

ORDER

Appeal stands dismissed.

However dismissal of this appeal shall not affect the

rights of appellant in prosecuting the intended suit for

appropriate relief in accordance with law.

Sd/-

JUDGE

HB