Rehana Begum W/O Dastagir Ali ... vs Jilani S/O Nabichand Silarwale
2023 Latest Caselaw 3092 Kant

                                             -1-
                                                     NC: 2023:KHC-K:870
                                                     RSA No. 200188 of 2016




                             IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                            DATED THIS THE 9TH DAY OF JUNE, 2023

                                           BEFORE
                        THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA


                    REGULAR SECOND APPEAL NO. 200188 OF 2016 (INJ)
                   BETWEEN:

                   1.   REHANA BEGUM
                        W/O DASTAGIR ALI SUGUR,
                        AGED ABOUT 32 YEARS,
                        OCC:HOUSEHOLD WORK.

                   2.   DASTAGIR ALI SUGUR
                        S/O MEHABOOB ALI SUGUR,
                        AGED ABOUT 37 YEARS,
                        OCC:LABOUR,

                        BOTH R/O GULSARAM,
                        TQ:SHAHAPUR, DIST:YADGIRI.
Digitally signed
by SACHIN                                                     ...APPELLANTS
Location: HIGH
COURT OF           (BY SRI MAHADEV S PATIL, ADVOCATE)
KARNATAKA
                   AND:

                   JILANI S/O NABICHAND SILARWALE,
                   AGED ABOUT 47 YEARS,
                   OCC:AGRICULTURE,
                   R/O GULSARAM, TQ:SHAHAPUR,
                   DIST:YADGIRI - 585 202.

                                                             ...RESPONDENT

                   (BY SRI J.AUGUSTIN, ADVOCATE)
                             -2-
                                    NC: 2023:KHC-K:870
                                    RSA No. 200188 of 2016




     THIS RSA FILED IS U/S. 100 OF THE CPC, PRAYING TO
ALLOW THE APPEAL AND TO SET ASIDE THE JUDGMENT AND
DECREE DATED 18.03.2016 PASSED IN R.A.NO.39/2015 ON
THE FILE OF THE SENIOR CIVIL JUDGE AT SHORAPUR,
SITTING AT SHAHAPUR, CONFIRMING THE JUDGMENT AND
DECREE DATED 28.02.2015 PASSED IN O.S.NO.223/2011 ON
THE FILE OF THE CIVIL JUDGE AND JMFC, SHAHAPUR AND TO
PASS ANY OTHER APPROPRIATE ORDERS.

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

1. This appeal is by the defendants who are

aggrieved by the decree of injunction granted in favour of

the plaintiff by the Trial Court and which has been

confirmed by the Appellate Court.

2. The case of the defendants was that they had

purchased the plot measuring 30x60 feet from the plaintiff

a very long time ago on payment of `90/- and possession

was delivered to them and they had thereby become the

absolute owner of the said property.

3. The Trial Court, as well as the first Appellate

Court, on appreciation of evidence have recorded a clear

finding of fact that the plaintiff was in possession and the

NC: 2023:KHC-K:870 RSA No. 200188 of 2016

documents sought to be produced by the defendants were

of recent origin and could not be accepted.

4. In my view the finding of fact recorded by the

Courts below that the plaintiff is in possession would not

be amenable to scrutiny in a second appeal under

Section 100 of Code of Civil Procedure. There is no

question of law, muchless a substantial question of law

which arises for consideration in this appeal and the same

is accordingly dismissed.

Sd/-

JUDGE

SN