Arjun Togu Lamani, vs Nagappa S/O Danappa Meti, on 27 January, 2017

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Karnataka High Court

Arjun Togu Lamani, vs Nagappa S/O Danappa Meti, on 27 January, 2017

Bench: A.S. Bopanna

                            -1-



           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 27TH DAY OF JANUARY, 2017

                           BEFORE

        THE HON'BLE MR. JUSTICE A.S. BOPANNA

          REGULAR FIRST APPEAL No.5003/2009

BETWEEN:

1.     Arjun Togu Lamani
       Age: 38 years,
       Occ: Agriculture,

2.     Boju Togu Lamani
       Age: 35 years,
       Occ: Agriculture,

3.     Raju Togu Lamani
       Age: 31 years,
       Occ: Agriculture,
       All are residents of
       Gani Tanda,
       Basavan Bagewadi Taluk,
       Bijapur District.
                                        .... Appellants

(By Sri Ajay Kumar A.K., Advocate)

AND:

1.     Nagappa S/o Danappa Meti
       Age: 61 years,
       Occ: Agriculture,

2.     Basappa S/o Nagappa Meti
       Age: 31 years,
       Occ: Agriculture,
                              -2-



       Both are residents of
       Rehabilitation Centre,
       Gani, Basavan Bagewadi Taluk,
       Bijapur District - 586 101.

                                              .... Respondents

      This Regular First Appeal is filed under Section 96 of
CPC against the judgment and order dated: 27.08.2008
passed in O.S.No.93/2005 on the file of the Civil Judge
(Sr.Dn), Basavan Bagewadi, dismissing the suit for seeking
the declaration of their title in respect of the suit property
bearing Sy.No.50/2 measuring 13 acres 29 guntas of
Maradagi village and also sought for possession of this land
form the defendants.

      This appeal coming on for orders this day, the Court
delivered the following:

                      JUDGMENT

The instant appeal had been dismissed for non- compliance of office objection relating to maintainability of the appeal. Considering the said issue is to be taken note by this Court, the order dated 03.11.2009 dismissing the appeal is recalled. Registry is directed to restore the appeal to its original number.

2. In view of the valid objection raised by the Registry and to enable the learned counsel for the appellants to present the appeal before the Court having jurisdiction, Registry to return the papers to the learned counsel for -3- the appellants with liberty to the learned counsel for the appellants to present it before the Court having jurisdiction.

For the purpose of records, the appeal be treated as disposed of.

Sd/-

JUDGE swk

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