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Shankar S/O Bhimappa Sanadi Alias ... vs Shri. Annappa S/O Ramappa Kankanwadi ... on 9 April, 2026
cites
The Code of Civil Procedure, 1908
Shivanna Gowda vs Smt. Gowramma on 31 January, 2012
"18. This Court in the judgment and order dated
03.09.2021 passed in the case of SHIVANNA Vs.
GOWRAMMA AND OTHERS in RSA.No.1434/2016 while
dealing with an identical matter, at para Nos.10 and 11
has held as under:
Smt Obamma vs Sri Boraiah on 20 August, 2019
14. Thus, in these two cases by interpreting Section
54 of CPC, relying upon the judgment in Smt. Obamma
and Others vs. Sri Boraiah and Others reported in ILR
2016 KAR 4692, it is held that the Commissioner ought
not to have divided and allowed the properties in favour of
respective parties in terms of preliminary decree as it is the
duty of Trial Court to allot the share in favour of the
respective parties in the suit and the said action on the part
of Commissioner amounts to abdication of duty of Trial
Court, which is not permissible under Section 54 of CPC and
thus the matter was remitted back to Trial Court.
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