Karnataka High Court
Vishwambara S/O Late Devappa Pathri vs Sri Durgamba Temple on 13 January, 2010
Author: Anand Byrareddy
Bench: Anand Byrareddy
Teme PENT AZURE GE KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 137 DAY OF JANUARY 2010 THE HON'BLE MR. JUSTICE ANAND BYRAREDDY a -- Vishwambara S/o late Deveppa Pathri, - Aged 44 years, ae Residing at Door NO. 19-120, _ Mangalore TahileS74158., - - \., APPELLANT By My eg Amccintn, Aacate AND: Sri Durgambe Temple, Thadambeil, Surathkel, a Represented hy ita 'BE. Tharanath, S/o Babu Poojari, Major, resident of _ _ Jeevanthari, Suratkal, --_ Mangalore-574158. ... RESPONDENT
\. (By Shri K.M.Nataraj, Advocate for .. Ceweator Respondent) thivkiek This Regular Second Appeal is filed under Section 100 of Code of Civil Procedure, 1908 against the judgement and decree dated 24.11.2008 passed in S TREES hk A AK FEE FE WE WE RARIALARA Miteht COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH + R.A.No.194/2004 on the file of the II Additional District Judge, D.K. Mangalore, dismissing the appeal and confirming the judgement and decree dated 30.11.1995 passed in ©.S.No.829/1991 on the file cf 'the: a This Regular Second Appeal coming on for = admission this day, the Court delivered the following: mS In the light of the appellant's inounsiatent stand claiming ownership while at the same time seeking to put forth a claim of having perfected 'title by adverse possession would be wholly contradictory. Hence, the appeal has te. be rejected at the threshold. However, the appellant having, "Bled 'an independent suit O.8.No. 216) 1992, the rejection of this appeal is without oe, prejutlice to the Somme.
Sd/-
Tudge sr